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12/11/2014 4:24 pm  #1


immortal fight over name

According to Dagbladet.no, members of the legendary Norwegian black metal band IMMORTAL are embroiled in a legal battle over the IMMORTAL trademark. The group's frontman Abbath (real name Olve Eikemo) has attempted to claim rights to the IMMORTAL name via his sole proprietorship Eikemo Compositions. The application has been stopped by a lawyer representing lyricist/guitarist Demonaz (real name Harald Nævdal) and drummer Horgh (real name Reidar Horghagen), who want the IMMORTAL trademark to be shared by all three members.Demonaz and Horgh's attorney cites section 21 of the Norwegian Trademarks Act, which states: "Anyone who can prove that he is entitled to a trademark in an application filed by another party may request that the Norwegian Industrial Property Office transfer the application. In such case, the person in question shall pay a new application fee. If there is doubt as to who is entitled to the right, the Norwegian Industrial Property Office may request that the party requesting the application be transferred to him bring legal actions within a time limit fixed by the Norwegian Industrial Property Office. If no such legal actions are brought within the time limit, the Norwegian Industrial Property Office may disregard the request. The party requesting the transfer shall be notified of this. While a transfer case is being examined by the Norwegian Industrial Property Office, the application may not be amended, shelved, refused or granted until the question of transfer has been finally decided. If legal actions have been brought concerning the right to the trademark, the Norwegian Industrial Property Office shall postpone examination of the case concerning registration or transfer until the proceedings have been decided with legally binding effect. The Norwegian Industrial Property Office shall notify the applicant and the party who has requested that the application be transferred to him of the decision in the transfer case. A final decision that the application is to be transferred shall be entered in the Trademark Register and published."Abbath has until this Friday (December 12) to respond to the opposition before the Norwegian Patent Office rules in the matter, which will probably happen in January or February.IMMORTAL's core trio consisting of Abbath, Demonaz and Horgh has been together since 1996 and has been responsible for crafting the band's last five albums: "Blizzard Beasts" (1997), "At The Heart Of Winter" (1999), "Damned In Black" (2000), "Sons Of Northern Darkness" (2002) and the 2009 reunion album "All Shall Fall".Speaking to Lords Of Metal in 2009, Demonaz clarified his status with IMMORTAL. "It's my band!" he laughed. "Me and Abbath started this band, and I got problems with my arms back in 1997. Instead of finding another guitar player, Abbath just took over the guitar and we went for a new bass player. But I still tour with the band, you know."In a 2008 interview with Guitar World magazine, Abbath spoke about IMMORTAL's 2003 split, which at the time was attributed to "personal reasons." He said: "Of course, it was for personal reasons. The band is personal. We are a family. We are brothers. It's like a marriage. When you marry someone, you believe in it. You want to continue it, but sometimes you need a break. A lot of bands just milk it. We could've continued and made a lot of money, but I've never done this for the money or the fame. All that stuff means nothing if you don't have the spirit inside. And we were starting to lose it a little. We're not stupid. We are very smart when it comes to our shit. We think long term. To quote Paul Stanley, 'KISS is not the latest trend, it's a lifestyle.' Same thing with IMMORTAL. It's our life."Asked about the fact that Abbath and Demonaz were actually brothers-in-law at one point, Abbath said: "Yes, I was married to Demonaz's sister, and I have a [teenage] son with her. She's still one of my best friends. So Demonaz and I are really like a family. There's no fucking around. Demonaz is my brother. I'm an only child. He has two sisters but no brother. But we have each other. Family is important. We have strong bonds."
 

 

12/11/2014 4:24 pm  #2


Re: immortal fight over name

so yeah probably no new immortal anytime soon

     Thread Starter
 

12/12/2014 1:14 am  #3


Re: immortal fight over name

sounds silly. wondere if there will be another I album.

 

12/12/2014 8:49 am  #4


Re: immortal fight over name

i'd rather have an I album anyway but since abbath is the one trying to claim the rights it might not happen for a while, or maybe he gives up on this and just does another I instead

Last edited by unhallowed (12/12/2014 8:50 am)

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12/13/2014 9:33 pm  #5


Re: immortal fight over name

IMMORTAL frontman Abbath (real name Olve Eikemo) claims that he rightfully attempted to secure exclusive rights to the band's name and logo after lyricist/guitarist Demonaz (real name Harald Nævdal) and drummer Horgh (real name Reidar Horghagen) effectively quit the legendary Norwegian black metal group this past summer.According to Dagbladet, Abbath's application to the Norwegian Industrial Property Office — which was filed via his sole proprietorship Eikemo Compositions — has been stopped by a lawyer representing Demonaz and drummer Horgh, who want the IMMORTAL trademark to be shared by all three members.In his latest letter to the Norwegian Industrial Property Office, Abbath says that he thought Demonaz and Horgh left IMMORTAL earlier this year after they moved out of the band's rehearsal room and stopped paying their share of the rent expenses."This summer Olve received amessage from Harald and Reidar indicating that they wanted to take a longer break from [IMMORTAL] after a conflict occurred between Olve and the other two bandmembers," writes Eikemo in his letter to the Norwegian Industrial Property Office."The band rents a rehearsal space where costs were being shared between the three bandmembers. Harald and Reidar did not want to pay their share of the rent since the band, in their opinion, was not active. Olve, as [IMMORTAL's chief] songwriter, was dependent on the rehearsal [space] and was willing to cover the rental costs himself. The other two members then moved out of the premises and stopped paying their share of the rent. Olve perceived this move as them pulling out of the band."The letter also argues that Nævdal has not played guitar since he suffered an injury to his arm in 1997, and that Horghagen's role in the band has been limited to playing drums. In addition, Abbath claims that, as IMMORTAL's composer and frontman, he is virtually synonymous with the band and that, as a professional musician, he is dependent on revenue generated by IMMORTAL and therefore cannot simply take a break.The letter also reveals that IMMORTAL is contracted to deliver a new album to the German label Nuclear Blast and that Abbath has now more or less completed work on the CD with the help of other musicians."[Nævdal and Horghagen's objection to Eikemo's application] appears to be an attempt to prevent Olve from engaging in his profession. He has spent 25 years trying to incorporate his character Abbath and his music under the trademark IMMORTAL. It seems unreasonable that the band's ex-members can prevent him from registering the trademark IMMORTAL, especially since they are not qualified and presumably have no desire to take part in any band activities in the future."Nævdal told Dagbladet that he has seen Eikemo's letter. "I've read it and our lawyer has read it," he said. "We will come up with a response. [Abbath's letter] contains incorrect information."IMMORTAL's core trio consisting of Abbath, Demonaz and Horgh has been together since 1996 and has been responsible for crafting the band's last five albums: "Blizzard Beasts" (1997), "At The Heart Of Winter" (1999), "Damned In Black" (2000), "Sons Of Northern Darkness" (2002) and the 2009 reunion album "All Shall Fall".Speaking to Lords Of Metal in 2009, Demonaz clarified his status with IMMORTAL. "It's my band!" he laughed. "Me and Abbath started this band, and I got problems with my arms back in 1997. Instead of finding another guitar player, Abbath just took over the guitar and we went for a new bass player. But I still tour with the band, you know."In a 2008 interview with Guitar World magazine, Abbath spoke about IMMORTAL's 2003 split, which at the time was attributed to "personal reasons." He said: "Of course, it was for personal reasons. The band is personal. We are a family. We are brothers. It's like a marriage. When you marry someone, you believe in it. You want to continue it, but sometimes you need a break. A lot of bands just milk it. We could've continued and made a lot of money, but I've never done this for the money or the fame. All that stuff means nothing if you don't have the spirit inside. And we were starting to lose it a little. We're not stupid. We are very smart when it comes to our shit. We think long term. To quote Paul Stanley, 'KISS is not the latest trend, it's a lifestyle.' Same thing with IMMORTAL. It's our life."Asked about the fact that Abbath and Demonaz were actually brothers-in-law at one point, Abbath said: "Yes, I was married to Demonaz's sister, and I have a [teenage] son with her. She's still one of my best friends. So Demonaz and I are really like a family. There's no fucking around. Demonaz is my brother. I'm an only child. He has two sisters but no brother. But we have each other. Family is important. We have strong bonds."
 

     Thread Starter
 

12/13/2014 11:33 pm  #6


Re: immortal fight over name

I wasnt aware that  Demonaz didnt even play with them live. So he doesnt play on the albums or live but still wants 1/3 of the band? Now I see why Abbath made the move.

Killer news that he has new stuff ready to go.

 

12/14/2014 8:40 am  #7


Re: immortal fight over name

the last album he played on was blizzard beasts before he got tendinitus or whatever and cant play guitar fast, he still writes all lyrics for immortal and did for I too, and his solo album he does vocals and most of the members of I play on it

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12/03/2015 4:45 pm  #8


Re: immortal fight over name

“After the IMMORTAL trademark case was closed by “Patentstyret” (Norway’s Patent Office) in November 2015, Demonaz and Horgh can finally share their side of the story for the first time.

The conflict was not about anyone leaving the band as Abbath claimed. It was all about his personal problems. He had cancelled rehearsals and ruined the band’s progress for a very long time. We were forced to confront him about it.


Abbath recently told Australian website (TheMusic.com.au) that we wanted things solely on our own timetable and that we claimed he needed rehab.

The band had to reschedule rehearsals all the time because of him. Even then, he did not show up. He told the band, friends, and family that he needed to go to rehab again. He had got help from a clinic before. We offered to wait for him to recover this time also. Sadly he changed his decision.

Instead of trying to solve his problems, he went behind our back and secretly applied for a trademark ownership of the bands logo and name. It was hard to believe that his problems had led him to such a point.

When his attempt to get the rights was discovered by the band, he all of a sudden went solo. His accusations against the band in media changed from day to day. The fans started to question his version and wanted us to speak about what really happened. Unfortunately, we had to wait until the case was all closed, to make a statement.

His trademark application was denied and the case closed by Patentstyret in November, 2015. One of the reasons was because he had only contributed as a co-writer of music in IMMORTAL. Nor did he contribute any lyrics or titles to the bands albums. The fact is that the music has always been a result from the band as a unit.

IMMORTAL will record the new and long awaited album in 2016, which will be released by Nuclear Blast Records. –“We are well prepared and looking forward to present the new material to the fans. We did not want to rush things, but take the time to deliver another high quality IMMORTAL album. More news is coming soon.”

 

12/03/2015 7:08 pm  #9


Re: immortal fight over name

i have a feeling abbaths album will crush new immortal

     Thread Starter
 

12/03/2015 7:41 pm  #10


Re: immortal fight over name

Wonder if Demonaz is doing vocals or if they hired anyone

 

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