The Outer Toons v The OuttaToons

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supaunknown
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The Outer Toons v The OuttaToons

Postby supaunknown » Mon Apr 28, 2008 6:13 pm

Some of you may remember The OuttaToons. We were a cover band that played music written for cartoons. I started the band back in 2003 with the help of some friends & fellow forons including Prof Wagstaff, RRNate, Toonces, and my longtime friend & bandmate T-Bot and his wife K-Jo. Later in our existence the explosive GenieU from Swill! took over T-Bot's guitar duties. We unofficially disbanded sometime over this past winter yet still could regroup at any point if the right gig comes along.
The OuttaToons played about 37 shows through the years, ranging from parties to clubs to Mallards baseball games. We had over 60 cartoon songs in our repertoire including lots of Simpsons, South Park, Disney, Schoolhouse Rock, Family Guy, and a smattering of highly obscure yet beautiful ones too.
We were never the greatest band in the world but we did correctly claim to be "The Best Cartoon Song Cover Band in the Midwest". During our time we had a lot of fun hanging out together gettin' tipsy while learning & playing these unique songs.
Imagine my surprise last week when I picked up a certified letter sent from a law office down in Orlando, Florida that claimed our use of The OuttaToons name is causing confusion and harm to a cartoon cover band down there that Federally registered their name back in 2001! Ladies and gentlemen, The Outer Toons. Check out their website. They play family-friendly cartoon songs dressed in wacky neon outfits, primarily outdoors at theme parks, up to several shows per day.
Honestly, we had no idea The Outer Toons existed. No clue. None. Zip.
When we first started The OuttaToons, and throughout our run, we all did a good amount of cartoon research on the 'net. The only other cartoon cover band we ran across in the whole world was a real obscure one based in Italy. The Outers from Orlando simply never crossed our radar. To finally learn of them just now was quite the shock. And through their attorney no less!
Their lawyer demanded that we immediately cease promoting ourselves as The OuttaToons and sign over the rights to our already-defunct outtatoons.com website domain (which I'd reserved the name rights to). Our helpful lawyer-in-law has advised us to give in and bow to their demands. As much as it stings to have to give up our (better?) name, that's exactly what we're gonna do.
After checking with US Patent & Trademark office it was clear the Outers really were the first cartoon band on the block. After receiving the letter from their lawyer I tried contacting some of their band members directly through their respective MySpace pages and was responded to ah, shall we say curtly by each, directing me to deal exclusively with their lawyer. For a cartoon band I found them to be a rude and entirely humorless bunch. Professional musicians. I do understand their side of things though. I can imagine being pissed too if some yokels had been aping our name AND musical theme for years! Well, The Outer Toons win. I hope this makes them happy and satified knowing we won't be unwittingly riding their coat tails in the future. At least until we properly record all these songs someday soon and release them (for free of course) under a different name. The Inner Toons perhaps?

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Postby meowzamusic » Mon Apr 28, 2008 7:19 pm

"If you don't quit playing these songs that we didn't write in a different part of the country that we'll never actually play in WERE GONNA SUE YOUR ASSES!!!!!!!!!!!!!!!!!!!!!!!!!!!!"

Nice. I can't wait for the cease and desist I get from that obscure 60's cover band called "The Zaars"

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Postby Kyle Motor » Tue Apr 29, 2008 8:09 am

When you record all those songs, you should release them as the Tune Outers, as you are "tuning out" this other band and their lawyers.

Eh, I tried.

What a load of BS. I've been on the receiving end of a Cease & Desist letters from another part of the country based on crossing paths on the interweb. That band had already been done for months, and we played a grand total of 4 shows in our existence, but we were somehow hurting some group in California, who didn't seem to play out or do anything at all. Wonderful.

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Postby dave esmond » Tue Apr 29, 2008 8:56 am

Did they re-register the name in 2006? They have to do so every 5 years.

It's probably best to give in. But that's not always my nature. I'm not sure they have a really strong case.


http://www.iusmentis.com/trademarks/cra ... roduction/



What a bowl of dicks.

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Postby juanton » Tue Apr 29, 2008 10:12 am

dave esmond wrote:Did they re-register the name in 2006? They have to do so every 5 years.

It's probably best to give in. But that's not always my nature. I'm not sure they have a really strong case.


http://www.iusmentis.com/trademarks/cra ... roduction/



What a bowl of dicks.


Yeah, the dickhead in me would have ignored them. And by the looks of them, I would have held out extra long.

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Postby fisticuffs » Tue Apr 29, 2008 10:17 am

I like the iWeb '08 website. (I can't talk pineband.com is also iWeb based)

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Postby harrissimo » Tue Apr 29, 2008 11:39 am

I have seen several of these type of pissing matches over the years about band names. These guys are bunch of dick wads. I encourage you to keep your name and your website and to tell them to kiss your cartoon ass. They will soon tire of paying their attorney over this silliness.

The facts are is that your names are quite different and you work in different geographical regions so you represent no threat to them. I believe you would win in a trial. But it won't even get that far unless these douche bags have thousands of dollars to give to their attorney.

In fact I think you guys should regroup and make a special album mocking and degrading these assholes. They are a disgrace to cartoons bands everywhere!

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Postby supaunknown » Tue Apr 29, 2008 12:05 pm

Here's our amended post mortem page at the Madison Music Project:
http://www.madisonmusicproject.com/artist.php?id=89

Last night I cancelled our seldom-used Madtown Lounge page(s). Gotta say that Allen guy that runs the Lounge is super-nice.
Still waiting to hear from Yahoo Small Business regarding transferring the www.outtatoons.com domain to Outer control. Their lawyer said they would simply like to have it redirect people to their Outer Toons site. Fair enough. Just so long as they don't have designs on changing their lousy name to ours (RIP).

supaunknown
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Postby supaunknown » Tue Apr 29, 2008 12:28 pm

harrissimo wrote:In fact I think you guys should regroup and make a special album mocking and degrading these assholes. They are a disgrace to cartoons bands everywhere!

I finally have a halfway decent Firepod recording setup. I started laying down some bass lines to click track, though I immediately started to doubt whether the click thing is gonna work very well for some songs. Likely I'll have to invite Toonces & Beard over so that we can have a rough vocal along with the drums & bass, then build from there. Once I get the drums recorded everything else should fall into place pretty easily.

By the way, it's very cartoon-like to have an arch nemesis.

Scott
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Postby Scott » Tue Apr 29, 2008 12:30 pm

I've been waiting years for the cease and desist Cutouts letter, but still nothing.

Perhaps I could argue that the Cutouts are a franchise, with outlets in the UK, Milwaukee, Chicago, etc... but I guess the band is more interested in being disenfranchised, as it were.

Oh, and the Outta Toons rule!

We should call the other band the Pouter Toons.
Last edited by Scott on Tue Apr 29, 2008 1:49 pm, edited 1 time in total.

Mean Scenester
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Postby Mean Scenester » Tue Apr 29, 2008 12:33 pm

Can't you just change your name to OuttaToons UK?

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Postby harrissimo » Tue Apr 29, 2008 12:45 pm

I've always said that the Cartoon World is a brutal place. I just got off the phone with Porky. He is pissed! You might not have known this but Porky, Daffy, Road Runner are all huge fans of your band. They are ready to kick some ass. Also, there is a little know provision of copyright law that says all cartoon cases must be tried in the world of cartoons! I would have Bugs Bunny as my attorney. I would try to get Foghorn Leghorn's court room. He is a well respected judge and he has mentioned to me that he hates those dick wads from Florida and considers you guys as the best cartoon band in the non-cartoon world.

Do not submit to these asshole. You have the leaders of the cartoon world on your side!

fisticuffs
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Postby fisticuffs » Tue Apr 29, 2008 12:49 pm

You shouldn't have to just give them your domain name. If anything they should be forced to buy it from you. They've got money for a lawyer they've got money to buy YOUR domain. Those things cost a lot of money.

supaunknown
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Postby supaunknown » Tue Apr 29, 2008 12:51 pm

Mean Scenester wrote:Can't you just change your name to OuttaToons UK?

Yes, yes can. Will we? No, no we won't.
We're changing our name to The New Charlatans.

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Postby Garimba » Tue Apr 29, 2008 12:56 pm

harrissimo wrote:I've always said that the Cartoon World is a brutal place. I just got off the phone with Porky. He is pissed! You might not have known this but Porky, Daffy, Road Runner are all huge fans of your band. They are ready to kick some ass. Also, there is a little know provision of copyright law that says all cartoon cases must be tried in the world of cartoons! I would have Bugs Bunny as my attorney. I would try to get Foghorn Leghorn's court room. He is a well respected judge and he has mentioned to me that he hates those dick wads from Florida and considers you guys as the best cartoon band in the non-cartoon world.


I can't help but picture Mr. harrissimo wearing a wet, saggy Depends diaper, sitting in a puddle of urine wearing a dildo hat with an empty bottle of raspberry Fleischmann's in his lap as he typed this.


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