Hey there. This is Michael Robbins. I wondered if you could do us a small
favour. I'd like you to write a complaining email to someone on our behalf.
It seems that another band in Ireland that knows us has decided to use our
band name for their own. Their leader, Colm O'Donnell, actually told me
about this the last time we were there, in the summer of 2003. He also
mentioned that he liked the t-shirt I gave him so much that he copied the
printing (complete with the logo) to use for his own, new band as well. I
told him face to face that I didn't think this was cool, and shrugged it
off. I was appalled, but couldn't do much at the time, right there in
Ireland.
In May of 2004, an article about his so-called Border Collies appeared in
Irish Music Magazine. At that point, their band didn't even have a CD out,
but they got a there-page write up anyway. In the article (I have a copy)
Colm O'Donnell (leader) mentioned OUR band, and mentioned meeting me in (by
name) and alluded to there being a "connection" between the two bands.
I have since tried every means to contact him and get them to cease and
desist, but to no avail. They have never returned emails, phone calls or
any type of correspondence. I even posted an "open letter" to him on our
website, and emailed many of his friends and relatives to view the site.
In December of 2004, they released a CD titled "Unleashed" by the Border
Collies to worldwide press and international on-line distribution. Again, I
tried to reach them and their supporters, relatives, etc., to get them to
stop. It's a small international Celtic music community, and having two
bands with the same name is ridiculous - very confusing to say the least.
Again, no response.
Finally, at my wits end, I recently hired an attorney, who took on the case
and has had me file for US Trademark and Servicemark protection. This has
been a very expensive action, costing about $1,000 for filings and for the
attorney. These items, once set in place through the legal system, will
also give us protection of our name (for both CD's and products as well as
performance name protection) both in the US and with other countries that
have adopted the international trade agreements therein. The UK and Ireland
have both signed these agreements, so it's a matter of a few months before
we get the thing legally secured. We can then have a strong legal basis to
sue the bastards, and possibly have them have to appear in US Federal court
here in Atlanta, rather than a costly lawsuit in Ireland. Also, I've found
out they are planning a US tour this summer, and are even planning on coming
through the Southeast - our very own backyard. With the trademark and
servicemarks in place, they can be denied a work visa for entering the US as
the BorderCollies, and any performances or CD's they sell here will come
under this protection.
In the meantime, I have started contacting various individuals with
profession organizations to begin a email-writing campaign, since Colm's
band just published (like last week) a website and an email address. Our
fans have started pouring letters of complaint to them, and so I'm asking
that if you can, please take a moment to write to these guys and tell you
know who the real BorderCollies are, and are displeased with their
arrogance, their lack of respect and their posture. They have admitted to
stealing our name in the press - so it's a matter of public record. The
fact that we can prove that we've been a band with an international presence
since 1999, having released our first CD in December of 2000 and our second
CD released in 2002 is very obvious. They state on their website that their
band was formed in 2002 - clearly quite some time after ours was
established. They are deliberately pissing on us!
Their new website even mocks ours. Our site is
http://www.thebordercollies.com
there's is
http://www.thebordercollies.net
their email address is
thebordercollies@...
Please copy me on any emails you send them. I'd like to read them. Also,
please pass this on to anyone you know that might be pissed at such a
blatant act of disrespect. We'd love to have mail pouring in to them from
around the world, to show that it's not just a local Georgia issue, and to
show international support of our band.
Thanks,
-Michael Robbins
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