According to the Courthouse News Service, British metal label Earache Records has filed a lawsuit against New York-based The Century Family, an affiliate of the nonparty record label Century Media Records, of Dortmund, Germany, claiming that the U.S. distributor owes it $250,000 in licensing fees, and broke a promise to release a catalog of hundreds of albums.
Earache claims that The Century Family breached a January 2013 agreement to market and distribute Earache's music, and attempted to escape its obligations by falsely claiming Earache had breached a three-year licensing agreement. Earache claims that of the 356 albums it delivered to Century, including 10 new releases, the company has distributed only 13 albums in the United States.
Excerpt from the complaint:
"On December 10, 2013, Don Robertson of [The Century Family] asked Al Dawson of Earache Records whether Earache Records would give [The Century Family] a six-month extension of its obligation to pay the $125,000.00 advance due February 1, 2014, because [The Century Family], according to Robertson, was having cash-flow problems. Mr. Dawson explained that, for reasons of its own (including among other things imminent obligations of Earache Records to third parties, for payment of which Earache Records was depending on timely payment of [The Century Family's] second and third advances under the U.S. Licensing Agreement), Earache Records regretfully could not agree to [The Century Family's] request.
"On January 31, 2014, less than one day before [The Century Family's] deadline to make its second $125,000 advance payment, Earache Records received a letter from attorney Eric German, characterizing himself as 'litigation counsel' for [The Century Family], setting forth a list of spurious allegations, on the basis of which [The Century Family] was claiming (for the first time ever) that Earache Records was supposedly 'in breach' of the U.S. Licensing Agreement. That this letter sent on behalf of [The Century Family] was nothing but a transparent pretext for delay was made clear when Mr. German therein advised, after first threatening litigation, that '[The Century Family] will not be making any payment pursuant to [the January 2013 agreement], unless and until such time as this matter is resolved, whether by negotiated settlement or by litigation.' [The Century Family] thereby not only announced its intended breach of its obligation to make the $125,000.00 February 1, 2014, advance payment, but also the $125,000.00 March 1, 2014, advance payment.
"On February 7, 2104, counsel for Earache Records, William Leibowitz, responded in writing to Mr. German's letter of January 31, 2014, stating in detail Earache Records' position and factual contentions, and noting [The Century Family's] actual and anticipatory breach of the U.S. Licensing Agreement's payment provisions. Mr. Leibowitz's letter constituted notice of termination of the U.S. Licensing Agreement, pursuant to its terms.
"[The Century Family] did not timely make the $125,000.00 February 1, 2014, advance payment, and has failed to cure that default of [The Century Family's] contractual obligation. [The Century Family] has also now failed to make the $125,000.00 March 1, 2014, advance payment, and has already stated that it has no intention to cure that default, either. Accordingly, as of at least March 9, 2014, [The Century Family] is in material breach of its payment obligations under the U.S. Licensing Agreement. Moreover, by [The Century Family] having failed to cure such breaches within thirty (30) days of the date of Mr. Leibowitz's letter of February 7, 2014, the U.S. Licensing Agreement is deemed terminated effective as of March 9, 2014."
Earache says The Century Family is still marketing and selling Earache's records in the U.S. market.
It seeks an injunction and $250,000
"2112 - A Tale Of Meat And Metal", a new book by Peter Iwers and Björn Gelotte of the Swedish metal band IN FLAMES, along with journalist Mattias Lindeblad, will be released on May 30 via Kalla Kulor Förlag.
Restaurant 2112 was founded in 2011 by Iwers and Gelotte. The Gothenburg restaurant is named after the RUSH album and has since its opening become a natural venue for domestic and international fans of rock music.
2112 quickly became renowned for its marvelous, award-winning burgers, the well-selected beer and the warm and inviting atmosphere.
In just a few years, Restaurant 2112 has grown to become a home away from home for the rock-loving residents of Gothenburg and international rock stars passing through town.
This book is the story about following your dreams, even though you've never ever set foot on the other side of the bar counter — a tale of meat and metal.
The foreword was written by Hollywood star and IN FLAMES fan Peter Stormare.
Said SLAYER's Kerry King: "It's nice to see a couple of my friends in the biz doing well at something else. Now we have a great place for some drinks!!"
In an interview with EspyRock.com, Iwers stated about the decision to open Restaurant 2112: "We spent plenty of time thinking about it, looking at possible locations and learning the business side of things. Once we were prepared and knew we could open it, me, Bjorn and two other guys just went for it. We took it step by step, and although it was a lot harder than we ever expected it to be, we didn't rush anything. We've got people there who run it for us, and as soon as we're home, then we go straight to the restaurant and we help out. We do anything that needs to be done and on most occasions we're out as the host for all of the parties that come in. There are two parts to it, [the restaurant and also the pub section]. It's not one of these places that you need to wear a suit and tie, and it's also not a rock 'n' roll place either; [it's] something for everyone to enjoy."
Asked what made him and Björn decide on fine dining, Peter said: "A couple of different reasons, actually. When we're out on tour and someone invites you to a place, it always ends up being a rock 'n' roll bar with loud music and clouded in smoke. After a show, I don't want that, I want a hotel bar which is quiet and I can just sit and relax; you know, the piano-and-champagne-type bar [laughs]. I just want to unwind after a show. Another reason is that I enjoy going out with my friends, having something to eat, a few drinks and talk away for the rest of the night, but most places in Sweden close at eleven, so you have to move on to somewhere else. You keep moving round places, but unless you're quick, then they are full and you end up at the loud rock bar anyway. So we decided that we would combine the two and give you a place that you can sit for a long time and dine, enjoy incredible food and drink at affordable prices, and then just move onto the pub area to continue a nice relaxing evening.
"In the beginning, we had two different menus, but we then just made it the same menu so depending on how you feel and where you are, you will still be able to get the same good food and drinks."
"If you were to be there on a Saturday night, then you would notice that it is interesting, because we have a mix of people in IRON MAIDEN t-shirts and then guys in their fifties with their suits and ties on, but everyone mixes perfectly, they all enjoy it and it is very calm, the perfect atmosphere and exactly what we wanted."
Regarding the restaurant's name, 2112, Iwers said: "I think it was one of the other guys who came up with it; his name is Martin. It is a really clean name and we all happen to love RUSH.
"We spent a while talking about what we would call it, because the name is extremely important; people get a feeling of what your restaurant or bar will be like from the name, and if we called it In Flames Bar, then people would think instantly that it was a metal place or somewhere dark and dungeon-like, maybe a bit twisted with people on flames or something stupid. The name though was clean and then the decoration brings out the rock 'n' roll vibe, which is helped with some paintings and we plan to add some guitars and things. So when he said, 'What about '2112', from RUSH?' we thought about some other restaurants that have all numbers or letter/number combinations and it just worked very well. If you know about RUSH, then it's awesome, but if you don't know about RUSH, then it still comes across as a neat name."
2112 is located at Magasingatan 5 in Gothenburg.
For more information, go to this location.
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