Echo Drain Sues Jason Newsted Over EchoBrain Name

LOS ANGELES (Alternative's Today News Forum) - Dallas-based Echo Drain has filed a trademark infringement lawsuit against Jason Newsted, his post-Metallica band EchoBrain, and Chophouse Records over the similar band name.

The suit, filed on June 11 in U.S. District Court, Central District of California, claims that Echo Drain has made a name for itself with its moniker since early 2000, having toured with Willie Nelson, the Dead Kennedys, and others, and that Newsted's EchoBrain stole the name from them. Newsted's EchoBrain formed in 1995 and released its self-titled debut album this March on Chophouse.

According to the suit, EchoBrain "knew of, were familiar with, and were impressed by the Echo Drain mark, before ever using EchoBrain, and deliberately began to use EchoBrain for a musical group and related paraphernalia, i.e., the same purpose for which plaintiff uses Echo Drain, to infringe on Echo Drain's rights, and in derogation of Echo Drain's rights."

The Dallas band also believes that fans are confusing the two bands, and that some music fans believe that Echo Drain stole the name from EchoBrain, when they are claiming the opposite. The suit goes on to say that Newsted's band "pirated the song title 'Sucker Punch'" from Echo Drain.

Echo Drain is also suing for unfair trade practices, trademark disparagement, false designation of origin, cybersquatting, reverse confusion, dilution of mark and injury to business reputation, and unfair competition, among other complaints.

The band is seeking more than $100,000 per each instance of infringement, a preliminary and permanent injunction from EchoBrain using the band name, an accounting of EchoBrain's profits and other reliefs.