CORRECTION REG. WRONG INFROMATION ABOUT A SETTLEMENT
10 JAN, 2011, 1:15 pm
CORRECTION
Berlin, January 10th 2011 – concerning article on www.anwalt24.de from December 31st 2010. Quoted from the original German:
“Apocalyptica” pays 45,000 EUR compensation to “Rammstein” due to trademark and naming rights violation after a settlement at the German regional court in Berlin.
For their 2007 album “Worlds Collide”, the Finnish cello group “Apocalyptica” recorded tracks with various guest musicians, amongst them Till Lindemann, singer of the band “Rammstein”.
Subsequently, the album was advertised with the endorsement “featuring Rammstein”. This occurred nationwide with advertisements in magazines, “City-Light” posters, as well as stickers on sound carriers. An approval of the band “Rammstein“ had not been given.
As a result, the music group filed a lawsuit at the German regional court Berlin claiming compensation due to violation of trademark and naming rights of the label “Rammstein”, asserting that a co-operation in the album was implied by usage of the endorsement “featuring Rammstein”.
There was disagreement about the exact amount of compensation. This was resolved by suggestion of the court through settlement on October 21st 2010. The parties agreed on payment of 45,000 EUR as an appropriate licensing fee. The file reference of the proceedings is: 16 O 570/08.
http://www.anwalt24.de/beitraege-news/fachartikel/eur-45-000-schadensersatz-fuer-unerlaubte-werbung-mit-zusatz-a-featuring-rammstein
FACTS
The article’s headline is substantially wrong: neither the band Apocalyptica nor their management are or were involved in the described lawsuit. However, the parties involved are the band Rammstein and Sony Music Entertainment GmbH, as the successor of the by now defunct affiliated label “Gun Records”. Apocalyptica and Halbe Miete Management regret the events, but neither had any influence on a violation of trademark and naming rights, nor any part in whatsoever resulting agreements.
It is correct, that “Gun Records“ published advertisements with the stated endorsement disregarding existing agreements, and the band Rammstein subsequently filed a lawsuit against Sony Music Entertainment GmbH as the parent company. It is furthermore correct, that Sony Music Entertainment GmbH and Rammstein have agreed on a settlement. The details of which, however, are unknown to Apocalyptica and Halbe Miete Management.
We ask that further articles on the topic correctly reproduce the facts.















