Heaven and Hell Records Responds To Trademark Infringement Claim

In March of 2012 Heaven and Hell Records released a limited 1000 pressing CD for the band Overlorde SR (formerly known as Overlorde) titled Medieval Metal Too. The release is an archive of the band’s material recording from 1983 to 1989.  Many will remember the North Carolina band from the track “Keeper of the Flame” featured on the Metal Blade Records’ Metal Massacre VIII compilation and their infamous 1985 ‘Medieval Metal’ EP.

Since the announcement of this release, both Heaven and Hell Records and Overlorde SR have been contacted by the New Jersey band Overlorde with claims of trademark infringement. The New Jersey band has also claimed that band’s similar monikers will cause confusion in the metal community. We feel there are substantial questions about who first used “Overlorde” and who is best known as Overlorde.  We also feel that the audience for this material is sufficiently small and sophisticated to know the difference between Overlorde and Overlorde SR (in fact, we also reissued material by Canada’s Overlord).  Nevertheless, the issue should be settled, and it should be settled between the bands without threats to Heaven and Hell Records. In light of this situation Heaven and Hell Records will be ceasing with sales of Overlorde SR – Medieval Metal Too until the two bands have come to some agreement. In addition any plans to release another album under the name Overlorde SR have been halted at this point.

Although we do support Overlorde SR and strongly feel that the evidence shows they used the name first and have tried to avoid confusion by using “Overlorde SR”, this is an issue between the two bands. And any assumptions that there will be confusion caused between the similar monikers, and that fans will not be able to distinguish between the two just seems rather insulting to the intelligence of the metal community.

In closing H&H Records hopes that both bands can come to a civil conclusion and put this matter to rest.

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