SPIN VS. SPiN

WELL KNOWN MUSIC MAGAZINE RECOGNIZES THE PHILLY BASED, JAGERMEISTER SPONSORED INDIE BAND IN A UNIQUE WAY—A CEASE AND DESIST LETTER CLAIMING THE BAND'S NAME CONSTITUTES TRADEMARK INFRINGEMENT

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SPiN, Whose Single Debut Single “ Home ” Recently Catapulted Into The Top 20 on FMQB'S AC40 Chart, Dismisses The Claim As Ridiculous and Vows To Fight Any Legal Action

            The edgy Philadelphia based, Jägermeister sponsored pop rock band SPiN wrapped 2007 with the exciting news that “Home”—the debut single from their self-titled EP helmed by Grammy winning producer/engineer David Ivory—had hit the Top 20 on FMQB's AC40 chart (now #11 on chart). After several years of major East Coast success that included over 100 shows a year, the hardworking group was finally breaking through on a national level.

The well-known national music monthly Spin magazine  took notice—but not in the way the four musicians would have hoped. On January 3, the band received a letter from the attorney for the publication's parent company Spin Media, LLC , claiming that the name “SPiN” constitutes trademark infringement “of the famous and valuable” SPIN brand.

The letter claims that since the band SPiN is using the “SPIN mark” for music, there is a “strong likelihood of consumer confusion”; it says, “your clients' unauthorized use of the SPIN mark is likely to cause confusion, mistake or deception as to an affiliation, connection or association with Spin Media and its SPIN mark, and as to the origin, sponsorship or approval of your clients' goods and services.”

The letter goes on to threaten that the magazine will pursue “civil remedies to the fullest extent of the federal and state law” unless SPiN immediately ceases to use the name!

SPiN the band's simple response: “Ridiculous!”

            No matter how you spin the story, the 23-year-old publication is hardly living up to its philosophy of being “Music For Life.” In fact, in what's shaping up to be a classic David vs. Goliath battle, they're trying to suck the life and career momentum out of SPiN just when lead singer Eric Rothenheber , keyboardist and vocalist Jim Vacca, guitarist Hank Cieplinski and drummer Lou Chudnofsky are achieving the kind of success every indie artist aspires to.

            Vacca says the band has worked too hard to build its name and reputation over the last few years to give into this ludicrous demand. Eager to fight the media company, SPiN is currently exploring its legal options.

            “Seriously, how is our use of the name ‘spin' likely to cause confusion for anyone?” he adds. “You see a band play a show, is that a magazine performing onstage? I'm confused, am I reading a magazine or listening to a rock band on my ipod? C'mon! We're not calling ourselves Spin magazine or writing articles about music, and we're not music related media. We're just a rock band out here struggling to get our music career going. We finally caused a little ripple and got a small taste of success, and now this? We're not trying to hurt anyone or steal anyone's “famous and valuable” name. We're currently figuring out just how to fight this accusation without going futhur into debt in legal expenses.”

            Cieplinski also wonders what happened years ago, when the situation was reversed, and Rolling Stone magazine shared its name with a famous band and the title of a Bob Dylan song. “We'll have to look into the legal precedents,” he says. It would be nice if magazines like Spin would be supportive of hard working bands like ours rather than try to stifle what we're doing as soon as we start to catch a glimpse of success.”

            Ironically, the part of SPiN's history that the guys are least likey to mention may play the most important part in proving that its name wasn't deliberately lifted from the title of the magazine. Before SPiN was SPiN, and the guys were making their living—and funding the recording of original material--as a cover band, the group was known in Philadelphia as “Spin The Bottle.” That name was deemed too corny to keep once they developed their original sound, but so many people knew them as “Spin The Bottle” that they decided to simply shorten the name rather than change it completely.

            “No matter what happens, we're going to keep plugging away with continued touring to support the radio release and heading back in the studio in 2008,” says Rothenheber. “We're hoping this situation doesn't take too much time away from our primary goal, which is making music. Chudnofsky adds, “maybe they'll back off once they realize that as of right now, there's exactly $7.28 in our bank account!”

The statements by our clients and their associates do not nessesarily represent the views of Luck Media & Marketing, Inc.

 

 

SPiN

PHILLY BASED, JAGERMEISTER SPONSORED INDIE BAND'S FIRST SINGLE FINDS A “HOME” IN THE TOP 20 OF FMQB'S AC40 CHART

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The Hardworking (150+ Dates Per Year) Foursome's Debut EP, Currently Available on iTunes, Was Helmed By Grammy Winning Producer David Ivory (Erykah Badu, Patti Labelle, Halestorm, Silvertide)

No need to put any kind of hyped up SPiN  (www.myspace.com/spinrocks) on this great news—“Home,” the debut single from the Philly based, Jagermeister sponsored indie rock band's debut EP, has just cracked the Top 20 on FMQB's AC40 Chart. The song, which debuted on the chart as the second most added single in the country for two weeks straight, is currently at #20 and rising quickly.

SPiN is in great company in the upper reaches of the influential airplay chart, sharing real estate with superstars Maroon 5, Daughtry, Lifehouse, Plain White T's, Bon Jovi and Matchbox 20.

“Home” has also been added to NEW!, which currently exposes music to more than 11 million people per week on Clear Channel radio station websites across the country.

The band's EP, which was produced by Grammy winning producer David Ivory (Erykah Badu, Patti Labelle, Halestorm, Silvertide), is currently available at iTunes.

Earlier this year, SPiN hit the road in a van for a few months, playing big cities like Chicago , Cincinnati , Detroit , Louisville and Washington , D.C. as well as smaller towns in 16 Eastern/Midwestern states. Some shows, they could barely fit on the stage, while others were big productions. The tour ranged from shows with two people hanging by the bar to spots where they gained hundreds of new fans in a night; no matter the size of the crowd, each gig was played with the same energy and intensity fans have come to associate with a SPiN performance.

“Over the past nearly four years, we've maintained a very strong DIY effort,” says keyboardist and backing vocalist Jim Vacca, “including self-funding our first real tour earlier this year. However, now that the band has the right songs that really represent what SPiN is about, it's time to grab some industry pros who can help make things happen for us in a bigger way. We've all been friends since high school, and have been working towards this since then.”

“Before we called ourselves SPiN,” adds lead singer Eric (“E”) Rothenheber, “we had a ton of gigs playing cover songs to make good money, but we've evolved over time and have really developed a unique sound that people can identify. Once we locked into what SPiN was going to be about, it was as if all that we're doing finally means something. We're writing good songs and all of the pieces are falling into place for us. I think what sets us apart is that we're all very determined and we've stuck with it until we felt we were ready to emerge with something special. We all love playing music with each other, and have a similar sense of humor and that makes the whole process rock.”

 

 

 

SPiN:

PHILLY BASED, JAGERMEISTER SPONSORED INDIE
ROCKERS FOLLOW 16-STATE TOUR WITH A SEVEN SONG
DEBUT EP HELMED BY GRAMMY AWARD WINNING
PRODUCER DAVID IVORY (ERYKAH BADU, PATTI LABELLE,
HALESTORM, SILVERTIDE)

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The Hardworking Foursome (150+ Dates Per Year) Takes Its Regional Success National This Month As The Power Ballad “Home” —Promoted By Tom Mazzetta Of South Beach Marketing & Promotion--Gets Ready To Hit Hot AC Radio Outlets As The EP Goes Up on iTunes

The four Philadelphia area buds that make up the edgy modern pop/rock band SPiN (www.spinrocks.com) like to joke that being nationally sponsored by Jagermeister contractually binds them to drink in excess at their 150-plus shows a year.

Keyboardist and backing vocalist Jim Vacca, who also creates the group's unique bass synth sounds in studio and onstage, says their fans also enjoy the posters, lighters, T-shirts and other promotional items co-branded with the “SPiN” and “Jagermeister” logos.  Being followed by those hot Jagermodels on their usual club rounds in Philly, Jersey , New York and Delaware —where they've whipped the crowds into regular frenzies since early 2004—is another one of the perks. Lead singer Eric (“E”) Rothenheber likes the fact that the Jagerettes work the crowd, getting fans on the mailing list while SPiN is still in wild mid-performance.

Earlier this year, SPiN (rounded out by drummer Lou Chudnofsky of nearby Hockessin and guitarist Hank Cieplinski) amped things up big time, hitting the road in a van for a few months,  playing big cities like Chicago, Cincinnati, Detroit, Louisville and Washington, D.C. as well as smaller towns in 16 Eastern/Midwestern states. Some shows, they could barely fit on the stage, while others were big productions. The tour ranged from shows with two people hanging by the bar to spots where they gained hundreds of new fans in a night; no matter the size of the crowd, each gig was played with the same energy and intensity fans have come to associate with a SPiN performance.

Once SPiN got off the road, the band got down to business on its long awaited debut EP, whose songs are currently available for purchase on SPiN's website and myspace page (www.myspace.com/spinrocks) and recently hit iTunes. The self-titled project was produced by Grammy-winning producer/engineer David Ivory, whose many gold and platinum credits include his recordings with The Roots, Syleen Johnson, Erykah Badu and Patti Labelle. Most recently, Ivory has worked in his Dylanava Studios in Gwynedd Valley , PA —where SPiN did its tracks—with currently breaking through bands like Halestorm, Silvertide and Kindred.

This month, SPiN takes its regional success to a national level as its passionate rock ballad “Home” hits Hot AC radio stations across the country. The first single is being promoted by industry legend Tom Mazzetta, President of South Beach Marketing & Promotion. The company's recent clients include Paul McCartney, Rascal Flatts and Andrea Bocelli.

“Over the past nearly four years, we've maintained a very strong DIY effort,” says Vacca, “including self-funding our first real tour earlier this year. However, now that the band has the right songs that really represent what SPiN is about, it's time to grab some industry pros who can help make things happen for us in a bigger way. We've all been friends since high school, and have been working towards this since then.”

“Before we called ourselves SPiN,” adds Rothenheber, “we had a ton of gigs playing cover songs to make good money, but we've evolved over time and have really developed a unique sound that people can identify. Once we locked into what SPiN was going to be about, it was as if all that we're doing finally means something. We're writing good songs and all of the pieces are falling into place for us. I think what sets us apart is that we're all very determined and we've stuck with it until we felt we were ready to emerge with something special. We all love playing music with each other, and have a similar sense of humor and that makes the whole process rock.”

Ivory became interested in the band after hearing the original rough basement demo of the hard-driving rocker “Playing Dead,” whose prominent throbbing bassline is created solely by Vacca's bass synth; intriguingly, SPiN is rare in that the band does not have a bassist, another unique element that sets it apart.

After hearing SPiN's demo, Ivory invited the band to his studio to hear more songs. Most of these tracks, like the incisive “Bleed,” are fiery melodic rockers; these are nicely balanced by the haunting, anthemic ballad “Home,” which was inspired by the things that matter most when a band is on the road, looking out the window in the middle of nowhere.

With the official release of the EP and impending radio play for “Home,” SPiN is quickly getting used to the idea that the extensive travels of their early 2007 tour might become the norm for them. The experience tightened them as a band and confirmed for them what they already knew, that their chemistry extends from the stage to studio to several months trapped inside a small van. After years of sticking so close to their home base of Philly—where they were weekly regulars at the recently closed Abilene on Philly's famous South Street and also at Grape Street in Manayunk--they're ready for all the sacrifices entailed in reaching out to thousands of new fans across the country.

As Rothenheber puts it, as long as he and his bandmates can get out there and play their original material, SPiN is fulfilling its goals. “When we see people out there singing the words to our songs, when we realize we're reaching people, it's great,” he says. “In my personal life, I'm basically a quiet person, so being onstage singing is my chance to shine, speak my mind and get my point across.”

Vacca adds, “In terms of the future, if a major record deal comes along, that's definitely cool, but our primary desire is to have a long career based on making music. The best part of everything that's happening with SPiN is that we're doing what we love, playing music that matters to us, with our three best friends. When the audience responds to that too, there's nothing better in the world.”