Gorgoroth name dispute
Encyclopedia
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| Infernus | Gaahl Gaahl Kristian Eivind Espedal , better known by his stage name Gaahl, is a Norwegian vocalist, best known as the former frontman of Norwegian black metal band Gorgoroth. He is also the founder and frontman of Trelldom and Gaahlskagg... and King ov Hell King ov Hell Tom Cato Visnes , better known as King ov Hell or simply King, is a Norwegian musician and ex-teacher. He is best known as the former bassist of black metal band Gorgoroth, but he is also the co-founder of Ov Hell, God Seed, Jotunspor, Sahg and I... |
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The Gorgoroth name dispute was in the context of the use of a name for a Norwegian
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
black metal
Black metal
Black metal is an extreme subgenre of heavy metal music. Common traits include fast tempos, shrieked vocals, highly distorted guitars played with tremolo picking, blast beat drumming, raw recording, and unconventional song structure....
band
Gorgoroth
Gorgoroth is a Norwegian black metal band based in Bergen. Formed in 1992 by Infernus , the band is named after the dead plateau of evil and darkness in the land of Mordor from J. R. R. Tolkien's fantasy novel The Lord of the Rings. The group is currently signed to Regain Records and have released...
- which was derived from J. R. R. Tolkien
J. R. R. Tolkien
John Ronald Reuel Tolkien, CBE was an English writer, poet, philologist, and university professor, best known as the author of the classic high fantasy works The Hobbit, The Lord of the Rings, and The Silmarillion.Tolkien was Rawlinson and Bosworth Professor of Anglo-Saxon at Pembroke College,...
's legendarium
Tolkien's legendarium
The phrase Tolkien's legendarium is used in the literary discipline of Tolkien studiesto refer to the part of J. R. R. Tolkien's high fantasy fiction being concerned with his Elven legends; that is, historic events that have become legendary from the perspective of the characters of The Lord of the...
- between band founder Infernus (Roger Tiegs) and members Gaahl
Gaahl
Kristian Eivind Espedal , better known by his stage name Gaahl, is a Norwegian vocalist, best known as the former frontman of Norwegian black metal band Gorgoroth. He is also the founder and frontman of Trelldom and Gaahlskagg...
(Kristian Espedal) and King ov Hell
King ov Hell
Tom Cato Visnes , better known as King ov Hell or simply King, is a Norwegian musician and ex-teacher. He is best known as the former bassist of black metal band Gorgoroth, but he is also the co-founder of Ov Hell, God Seed, Jotunspor, Sahg and I...
(Tom Cato Visnes). It began in October 2007, when it was announced that Gaahl and King had decided to part ways with Infernus, although the former two claimed to have "fired" the latter. The dispute was concluded in March 2009 when a court verdict recognising Infernus as the legitimate user of the name was announced, and the outcome of the dispute also established a precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
in Norway for subsequent similar disputes.
Background
Gorgoroth was formed in 1992 by guitarist Infernus. Between 1993 and 1998, the band released one demo - A Sorcery Written in BloodA Sorcery Written in Blood
A Sorcery Written in Blood was the first demo released by the Norwegian black metal band Gorgoroth. The title of the demo was taken from the lyrics of the song "The Return of Darkness and Evil" by the band Bathory. The demo was released in 1993 as a limited edition hand-numbered cassette. A 7"...
(1993), three studio albums - Pentagram (1994), Antichrist (1996) and Under the Sign of Hell
Under the Sign of Hell
-Original release:Gorgoroth*Ares – bass guitar on track 1*Grim – drums*Infernus – guitars, bass guitar *Pest – vocalsProduction*Recorded in spring 1996 in Grieghallen lydstudio.*Infernus – production*Pytten – production...
(1997), and one EP - The Last Tormentor
The Last Tormentor
The Last Tormentor is the first EP by Norwegian black metal band Gorgoroth. It was recorded live at Maxime in Bergen, Norway on May 23, 1996 and released on 7" red vinyl in the same year....
(1996). Infernus wrote much of the material on Pentagram and the entirety of Antichrist and Under the Sign of Hell, and he performed the bass lines on the latter two albums. This period saw several line-up changes - as would happen throughout the band's history - as well as extensive live performances which included two European tours. The band was signed to the major German
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
heavy metal
Heavy metal music
Heavy metal is a genre of rock music that developed in the late 1960s and early 1970s, largely in the Midlands of the United Kingdom and the United States...
record label
Record label
In the music industry, a record label is a brand and a trademark associated with the marketing of music recordings and music videos. Most commonly, a record label is the company that manages such brands and trademarks, coordinates the production, manufacture, distribution, marketing and promotion,...
Nuclear Blast
Nuclear Blast
Nuclear Blast is an independent record label and mail order record distributor with subsidiaries in Germany, the United States and Brazil. The record label was founded in 1987 by Markus Staiger in Germany. Originally releasing hardcore punk records, the label moved on to releasing albums by melodic...
after being approached by them on their headlining European tour in 1997. This would be crucial for Gorgoroth to earn the attention of a wider audience through Nuclear Blast's distribution facilities in the late 1990s and early 2000s.
Vocalist Gaahl joined Gorgoroth in 1998, and was heard on the title track of Destroyer
Destroyer (Gorgoroth album)
- Personnel :*Ares - bass *Daimonion - synth *Frost - drums *Gaahl - vocals *Infernus - guitars , bass , vocals , drums...
(1998). Bassist King ov Hell joined the band in 1999 and made his studio debut on Incipit Satan
Incipit Satan
Incipit Satan is the fifth full-length album by Norwegian black metal band Gorgoroth. It was released in February 2000 through Nuclear Blast and reissued in 2006 by Back on Black Records.The music was written entirely by guitarists Infernus and Tormentor...
(2000), which was also the first Gorgoroth album to feature Gaahl as the main vocalist. Between 2002 and 2004, King composed the Gorgoroth songs that would comprise the majority of those on Twilight of the Idols
Twilight of the Idols (album)
Twilight of the Idols is the sixth album by Norwegian black metal band Gorgoroth. It was released in 2003 through Nuclear Blast and reissued in 2006 through Back on Black Records....
(2003) and the entirety of those on Ad Majorem Sathanas Gloriam
Ad Majorem Sathanas Gloriam
- Credits :Musicians:* Gaahl – vocals* Infernus – guitars* King ov Hell – bass* Frost – drums Other personnel:* Mixed by Gorgoroth and Herbrand Larsen in Bergen....
(2006), the only Gorgoroth releases between 2000 and 2007. Gaahl wrote lyrics for two songs Incipit Satan, the majority of those on Twilight of the Idols and the entirety of those on Ad Majorem Sathanas Gloriam. By the summer of 2007, three songs written by King and five songs with lyrics written by Gaahl were played in live performances.
Although Infernus contributed little material to Twilight of the Idols and none to Ad Majorem Sathanas Gloriam, he conceived the titles of the albums, rooted in his Satanism
Satanism
Satanism is a group of religions that is composed of a diverse number of ideological and philosophical beliefs and social phenomena. Their shared feature include symbolic association with, admiration for the character of, and even veneration of Satan or similar rebellious, promethean, and...
and his influences by Friedrich Nietzsche
Friedrich Nietzsche
Friedrich Wilhelm Nietzsche was a 19th-century German philosopher, poet, composer and classical philologist...
. He also continued to participate in the production and mastering of Gorgoroth albums. His songs also continued to comprise the majority of the material performed live. He reportedly had begun work on new material for a new album in October 2006 and was first reported writing it in March 2007, the title for which he revealed to be Quantos Possunt ad Satanitatem Trahunt
Quantos Possunt ad Satanitatem Trahunt
Quantos Possunt ad Satanitatem Trahunt is the eighth studio album by Norwegian black metal band Gorgoroth. It was released in October 2009 through Regain Records....
in October 2007. Furthermore, Infernus continued to promote the band and its releases in interviews and by other means such as the Ad Majorem Sathanas Gloriam listening session in Berlin, May 2006, as did King through interviews and seminars in the USA. The prominence of each Infernus and King was further reinforced through their statuses as official band contacts as well as by the sleeves of albums such as Ad Majorem Sathanas Gloriam - Infernus in particular was emphasised as "Satan's Minister on Earth" and he was largely responsible for negotiations with Regain Records
Regain Records
Regain Records is a Swedish based independent record label. The label predominantly releases death metal and black metal albums. Regain Records was founded from what remained of the former label, Wrong Again Records, by Per Gyllenbäck in 1997...
.
More controversy surrounded the band in this period, which resulted from a controversial performance in Kraków, Poland
Black Mass Krakow 2004
Black Mass Krakow 2004 is a live concert DVD by Norwegian black metal band, Gorgoroth. It was released on June 9th in Europe and on July 8th in the US. The DVD features the band's controversial 2004 concert that was filmed in a TV studio in Kraków, Poland...
in 2004 after which the relations with Nuclear Blast ceased, Gaahl and Infernus receiving prison sentences for excessive violence and gross negligent rape respectively, and appearances made by Gaahl in the media. It was in part because of some of these events that Twilight of the Idols and Ad Majorem Sathanas Gloriam were the only Gorgoroth releases in this time period.
Claims of Gaahl and King ov Hell to the name
Publicly, Gaahl and King cited multiple reasons behind their decision to exclude founding member Infernus and work under the name Gorgoroth. The claims most frequently iterated throughout the dispute were allegations of Infernus investing no interest in promoting Gorgoroth or participating creatively, and that he was abusive and disrespectful towards promoters, session members and other working partners, while Gaahl and King had "creatively defined" Gorgoroth throughout a period of eight years. Other claims also included Gaahl's apparent objection to Infernus' support of the late EuronymousEuronymous
Øystein Aarseth , who went by the pseudonym Euronymous, was a Norwegian guitarist and co-founder of the Norwegian black metal band Mayhem...
' Never Stop the Madness campaign through his now-defunct Deathlike Silence Productions
Deathlike Silence Productions
Deathlike Silence Productions was an Oslo, Norway based independent record label founded in the late 1980s that focused primarily on black metal. It was the first independent label to do so. The label was founded by Øystein Aarseth, also known as Euronymous, who operated the label until his murder...
label, while King felt averse to being with Infernus in the wake of rape allegations (resulting in his eventual conviction for 'gross negligent rape') against the latter, despite having also expressed in regards to Gaahl's convictions for assault that "If Gaahl had been in America and attacked in his own house and he decided to defend himself and punish the attacker, the aggressor, he would get a medal."
Their decision had been made by summer 2007, and it was in September that King - with the assistance of Anders Odden
Anders Odden
Anders Odden , is a musician. He is the guitarist of Doctor Midnight & The Mercy Cult and as well as multi-instrumentalist and songwriter for Magenta...
- filed a trademark application to Patentstyret
Norwegian Industrial Property Office
The Norwegian Industrial Property Office , also known as Norwegian Patent Office , is a government agency responsible for registration of patents, trademarks and design in Norway. The agency is subordinate the Ministry of Trade and Industry and located in Oslo...
for the name and logo of Gorgoroth.
Response of Infernus
Although Infernus declared he would not defend himself against any accusations about him raised throughout the dispute and did not directly counter the claims of Gaahl and King outside of formal environments, he nevertheless stated that he could be "difficult to work with", and stated that Gaahl and King should have decided to adopt a new name instead.Meanwhile, Infernus' work on Quantos Possunt ad Satanitatem Trahunt had been reported various times in the media.
Claims
Select clauses of the Patentstyret Trademark Act such § 2. and § 14. 7. were cited in Infernus' favour throughout the dispute and determined the eventually concluded illegality and invalidity of King's trademark application, which also failed to satisfy § 8.:§ 2. The exclusive right to a trademark may also be acquired without registration when the trademark is established by use.
A trademark is considered to be established by use when it is well known within the circle of trade concerned in this country as a distinctive sign for someone's goods.
§ 14. A trademark may not be registered if:
7. it is liable to be confused with a trademark which someone else has started to use before the applicant, and the applicant was aware of this use when he filed his application for registration;
§ 8. Even though a registered trademark is liable to be confused with a sign which has an earlier right, it shall be allowed to co-exist validly with the latter, provided the application for registration was filed in good faith and the holder of the earlier right has knowingly tolerated the use of the later trademark in this country for five consecutive years from the date of registration.
Misconceptions
Frequent misconceptions throughout the dispute - perpetuated by various media outlets such as Terrorizer MagazineTerrorizer Magazine
Terrorizer is an extreme music magazine published by Dark Arts Ltd. in the United Kingdom. It is released every four weeks with thirteen issues a year and features a 'Fear Candy' covermount CD, a twice yearly 'Fear Candy Unsigned' CD, and a double-sided poster.-1993:Terrorizer published its first...
- were that the acceptance of King's trademark application by Patentstyret in December 2007-January 2008 was a court verdict, and that at least one lawsuit had taken place prior to the one Infernus filed in September 2008, which reached Oslo District Court
Oslo District Court
Oslo District Court is the district court serving Oslo, Norway. Cases may be appealed to Borgarting Court of Appeal. As the largest district court in Norway, it handles about 20% of all cases in the country...
(Norwegian:Oslo tingrett) in January 2009.
Prelude (September 2007)
Whatever the motives were of bassist King ov Hell and vocalist Gaahl in claiming the use of the band name Gorgoroth for themselves and excluding founding member Infernus, the first move was made when King - with the assistance of Anders OddenAnders Odden
Anders Odden , is a musician. He is the guitarist of Doctor Midnight & The Mercy Cult and as well as multi-instrumentalist and songwriter for Magenta...
- filed a trademark application to Patenstyret for the name and logo of Gorgoroth.
Departure from Infernus (October - November 2007)
In October 2007, Infernus announced on the band's official MyspaceMyspace
Myspace is a social networking service owned by Specific Media LLC and pop star Justin Timberlake. Myspace launched in August 2003 and is headquartered in Beverly Hills, California. In August 2011, Myspace had 33.1 million unique U.S. visitors....
page that "a decision to split up the band" had been made with him on one side, and Gaahl and King on the other. The statement explained that the members were unable to continue working together any longer and further noted that both sides intended to continue under the band's name. A statement from Gaahl and King was also issued on the same day. Gaahl issued another statement two days later claiming that the band had not split up but "continued on in a different form." The statement further claimed that Infernus had not been a creative force throughout the course of eight years and had "shown no interest in the art [of] defining Gorgoroth during that same period of time." Infernus responded on the following day with a statement noting that he claimed the legal right to band's name as "the founder and only original member of the band."
Gaahl and King announced that Hellhammer
Jan Axel Blomberg
Jan Axel "Hellhammer" Blomberg is a three time Spellemannprisen award-winning heavy metal drummer. He is most well known for his drumming with the band Mayhem, with which he began his career...
(Jan Axel Blomberg) of Mayhem
Mayhem (band)
Mayhem is a Norwegian black metal band formed in 1984 in Oslo, Norway and regarded as one of the pioneers of the influential Norwegian black metal scene...
and Dimmu Borgir
Dimmu Borgir
Dimmu Borgir is a Norwegian black metal band from Oslo, Norway, formed in 1993. Dimmu borgir means "dark cities" or "dark castles/fortresses" in Icelandic, Faroese and Old Norse. The name is derived from a volcanic formation in Iceland, Dimmuborgir...
would join them on drums from the beginning of 2008, however this never took place. Teloch of Nidingir (who had also previously been a live session member for Gorgoroth) and Nicholas Barker
Nicholas Barker
Nicholas Howard Barker is an extreme metal drummer .- Biography :He was the original drummer for British metal band Cradle of Filth, playing on the first three albums. After leaving in 1999, he joined Norwegian symphonic black metal band Dimmu Borgir...
(formerly of Cradle of Filth
Cradle of Filth
Cradle of Filth are an English extreme metal band, formed in Suffolk in 1991. The band's musical style evolved from black metal to a cleaner and more "produced" amalgam of gothic metal, symphonic black metal, and other extreme metal styles, while their lyrical themes and imagery are heavily...
and Dimmu Borgir) were also revealed as members of their touring line-up.
King's trademark application was revealed by Infernus to the public, and that this was done without the latter's knowledge. Infernus' attorney Egil Horstad of Vogt & Wiig warned Gaahl and King that this application was in abrogration of select sections of the Patentstyret Trademark Act. On their November European tour - which Gorgoroth had been scheduled to embark on several months before the split, Gaahl and King frequently used the name "The Force Gorgoroth", and there also existed a King ov Hell/Gaahl trademark application for this band name.
Acceptance of King's trademark application by Patentstyret (December 2007 - January 2008)
In December, Regain RecordsRegain Records
Regain Records is a Swedish based independent record label. The label predominantly releases death metal and black metal albums. Regain Records was founded from what remained of the former label, Wrong Again Records, by Per Gyllenbäck in 1997...
issued a press release announcing their decision to "continue the co-operation with the band's original member Infernus with a new line-up" and that the label recognised "Infernus as the rightful owner of the bands name, logo and trademark" as well as their preparation "to take any legal steps necessary to prevent any third party from exploiting it, artistically and commercially." A week later, Gaahl and King delivered a statement claiming that it had been "legally determined" by the Norwegian patent office
Norwegian Industrial Property Office
The Norwegian Industrial Property Office , also known as Norwegian Patent Office , is a government agency responsible for registration of patents, trademarks and design in Norway. The agency is subordinate the Ministry of Trade and Industry and located in Oslo...
that they retained "the rightful ownership and use of the name and logo, now and in the future." After the Patent Office's first department had thus accepted King's Gorgoroth trademark application, King and Gaahl withdrew their application for the trademark of "The Force Gorgoroth". The statement also declared that Gaahl and King had severed ties with Regain Records for "their disloyal acts" and were "carefully choosing a new label for the release of their next full-length album." Infernus subsequently declared that the Norwegian patent office decision would be appealed by Regain Records and himself.
Non-negotiable offer (March 2008)
In March 2008, Infernus announced that he hired an additional lawyer - Kate I Lohren of Onsagers AS - and made a non-negotiable offer to Gaahl and King with a three day deadline. The offer was not accepted and Infernus then declared that his attorney would appeal the Norwegian Patent Office decision and "commence legal proceedings in order to have the matter handled by the courts."Live in Grieghallen (May - August 2008)
On May 30, 2008, Regain Records announced the June 2008 release of True Norwegian Black Metal - Live in GrieghallenTrue Norwegian Black Metal - Live in Grieghallen
-Credits:*Infernus - guitars & bass *Gaahl - vocals*Teloch - session guitars*Garghuf - session drumsAll music and lyrics by Infernus, except track 1 , track 2 and track 4 ....
, a new Gorgoroth album recorded live in studio. The recording line-up consisted of Infernus on guitars and bass, Gaahl on vocals, Teloch on session guitars, and Garghuf on session drums. In July 2008, Gaahl and King posted a MySpace bulletin announcing that "Swedish court authorities (Malmø tingrett)" had "sided with Gorgoroth copyright holders Gaahl and King" against Regain Records in halting the distribution of the album. According to the bulletin, Regain Records had "illegally removed King's bass tracks and mixed the recordings without the knowledge of Gaahl and King". King and Gaahl claimed that Regain Records thus broke their contract with them. The bulletin also announced that they planned on taking further action against Regain Records. The following day, Regain Records released a response to the announcement, stating that the ceasing and sales of marketing was "only an interemistic decision made by the court to stop all actions in regards of the album" until "the case is settled and there's no verdict made on the matter yet".
On August 12, 2008, Infernus issued a statement saying that the Gorgoroth trademark matter would not be decided until a verdict was made in a yet to be announced trial in Oslo
Oslo
Oslo is a municipality, as well as the capital and most populous city in Norway. As a municipality , it was established on 1 January 1838. Founded around 1048 by King Harald III of Norway, the city was largely destroyed by fire in 1624. The city was moved under the reign of Denmark–Norway's King...
, Norway, and that the conflict between Regain Records and Gaahl/King ov Hell about True Norwegian Black Metal - Live in Grieghallen would be decided in another to-be-announced trial in Malmö
Malmö
Malmö , in the southernmost province of Scania, is the third most populous city in Sweden, after Stockholm and Gothenburg.Malmö is the seat of Malmö Municipality and the capital of Skåne County...
, Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
; until then, a temporary injunction has stopped Regain Records from promoting and distributing the album.
Gaahl and King ov Hell stated that they would be entering the studios on August 25 to record a new album featuring Teloch as well as Ice Dale of Enslaved
Enslaved (band)
Enslaved is a progressive black metal band formed in June 1991 in Sveio, Norway, and currently based out of Bergen, Norway.-History:Enslaved was formed in June 1991 by Ivar Bjørnson and Grutle Kjellson when they were 13 and 17 years old, respectively. The band name was inspired by an Immortal demo...
on guitars, and Frost
Kjetil-Vidar Haraldstad
Kjetil-Vidar Haraldstad , was born on June 28, 1973 in Øyer, Oppland, Norway, and is the drummer in the black metal bands Satyricon and 1349....
of Satyricon
Satyricon (band)
Satyricon is a Norwegian black metal band, and the first one in the genre to join a multi-national record label .-Biography:Satyricon was formed in 1990 by Czral and Wargod. Ulver and Satyr soon joined them...
and 1349
1349 (band)
1349 is a Norwegian black metal band from Oslo, Norway, formed in 1997. Their name comes from the year the Black Death reached Norway.- History :1349 formed in 1997 and comprises several former members of the band Alvheim...
(who was also at different points a full-time and session member of Gorgoroth) on drums.
By October 2008, everything except the vocals had been recorded for the new album of Gaahl and King that in the aftermath of the name dispute was expected to materialise into the debut God Seed album. At certain points in time it was publicly stated by Gaahl and/or other parties that he had begun working on lyrics and vocal arrangements, but apparently on none of these occasions did Gaahl fulfil these, and his lack of enthusiasm would contribute to his decision to retire from metal in July 2009. In October 2008, studio times were allocated so Gaahl could begin work, prompting the cancellation of a tour. However, in December 2008 when interviewed by Faceculture, Gaahl implied that he had not yet worked on lyrics and vocal arrangements and intended to do so somepoint after the completion of his band's European tour with Cradle of Filth. In early 2009, Gaahl and his partner Robin went on vacation in Spain for two months. While Gaahl was abroad, King claimed that he was using this time to work on lyrics and vocal arrangements, but after Gaahl returned from Spain it was stated by King that these had still yet to be done:
We have recorded everything in the studio and are just waiting for Gaahl to put on vocals on it. So we have only vocals and the final mix to go before it's all done. It's sometimes a nightmare to work with him in the studio because of the pride he puts into the smallest details. If he is not in the right mood or doesn't find the correct words we get nothing done. At times I've spent days in the studio counting seconds with nothing happening. It's the same way now, but I know in the end the result will be unique and powerful. We have to wait till Gaahl is done writing his lyrics to chose the title for the album. When the whole concept of this album is done lyrically we’ll decide which title to use.
Infernus files lawsuit against Gaahl and King (September 2008 - March 2009)
On December 1, 2008, it was announced on Infernus' official Gorgoroth website that a trial date was scheduled in Oslo, Norway and would take place in the last week of January 2009.The trial took place between January 28–30, 2009, and on March 10, 2009, Infernus announced the verdict had been reached:
"Oslo City District Court has today delivered a verdict on the main question in the Gorgoroth trademark case, which took place at the end of January 2009. The court has decided that King ov Hell's trademark registration # 243365 of the band name Gorgoroth is NOT valid and shall therefore be deleted. The court states that King ov Hell and Gaahl excluded themselves from the band Gorgoroth when they tried to fire Infernus in October 2007. The court further states that Infernus cannot be excluded from Gorgoroth, unless he himself decides to quit. Infernus is very pleased, but not surprised, by this verdict. The remaining issues concerning financial matters and such are yet to be decided upon."
The name was considered to have already been trademarked by use before Gaahl and King joined the band in 1998 and 1999 respectively. According to Infernus' lawyer Erik Rødsand, Gaahl and King are prohibited from choosing band names that are "confusingly alike to" Gorgoroth. This would also include their previously registered "The Force Gorgoroth". The domain name gorgoroth.org which had been under their control was redirected to the official website at www.gorgoroth.info until the lease eventually expired in 2010. Gaahl and King assumed the name God Seed after the verdict, although the lineup was to dissolve in July 2009 after having had performed at two festivals following Gaahl's decision to leave and retire from metal music.
Gorgoroth DA and other subsequent events (April - May 2009)
In early April 2009, Infernus revealed to the public that Gaahl and King had opened a small business called "Gorgoroth DA", apparently intended to be in connection with the Gorgoroth band name, and that the business was to be ordered to be shut down. On June 2, 2009, an article in the Norwegian financial newspaper Dagens NæringslivDagens Næringsliv
Dagens Næringsliv, commonly known as DN, is a Norwegian tabloid specializing in business reporting with a claimed daily circulation of 82,775 copies in 2008, making it the 8th largest newspaper in Norway. The editor in chief is Amund Djuve. Its name is Norwegian for "Today's Business".Originally...
revealed that the remaining issues in Infernus' lawsuit had been agreed upon by the two parties, and that a settlement had been made. The details of the settlement are confidential, but Infernus commented that he was content with the outcome. In the same article, King and Gaahl's lawyer, Lars Christian Fjeldstad, confirmed that the verdict concerning the trademark registration was final - meaning it cannot be appealed - and that a settlement had been made regarding the remaining issues of the lawsuit.
Key events
The sequence of key events in the name dispute is as follows:| Date | Key event |
|---|---|
| 13 September 2007 | King - with the assistance of Anders Odden Anders Odden Anders Odden , is a musician. He is the guitarist of Doctor Midnight & The Mercy Cult and as well as multi-instrumentalist and songwriter for Magenta... - filed a trademark application to Patentstyret Norwegian Industrial Property Office The Norwegian Industrial Property Office , also known as Norwegian Patent Office , is a government agency responsible for registration of patents, trademarks and design in Norway. The agency is subordinate the Ministry of Trade and Industry and located in Oslo... for the name and logo of Gorgoroth. |
| 21 October 2007 | Infernus announced that the band had parted ways, with Infernus on one side and Gaahl and King on the other. The latter two however claimed that Infernus had been fired from Gorgoroth. |
| 23 October 2007 | Infernus' attorney Egil Horstad of Vogt & Wiig wrote a letter to legal representatives of Gaahl and King, warning them that the trademark application made by King and Anders Odden in September 2007 was in violation of select sections of the Patentstyret Trademark Act. |
| 31 October 2007 | Infernus released a press statement, where he revealed to the public King's trademark application from September 2007 as well as announced his next studio album Quantos Possunt ad Satanitatem Trahunt Quantos Possunt ad Satanitatem Trahunt Quantos Possunt ad Satanitatem Trahunt is the eighth studio album by Norwegian black metal band Gorgoroth. It was released in October 2009 through Regain Records.... . |
| 13 December 2007 | Regain Records declared support for Infernus. |
| 19 December 2007 | Gaahl and King released a press statement announcing the approval of the latter's trademark application by the First Department of the Patent Office. |
| 3–14 January 2008 | King's trademark application was approved and enforced by the First Department of the Patent Office. |
| 4 March 2008 | Infernus announced that he hired an additional lawyer - Kate I Lohren of Onsagers AS - and made a non-negotiable offer to Gaahl and King with a three day deadline. |
| 11 March 2008 | After Gaahl and King declined the offer from 4 March 2008, Infernus declared that his attorney would appeal the Norwegian Patent Office decision and "commence legal proceedings in order to have the matter handled by the courts." |
| 15 March 2008 | Infernus released a statement saying that he was "personally against racism in both thought and practice", in response to "vile rumours and speculation" circulating about him, as well as investigation on Gaahl's backgrounds by Norwegian anti-racist organisations. |
| July 2008 | A temporary injunction by Malmø tingrett prohibited Regain Records from distributing True Norwegian Black Metal - Live in Grieghallen True Norwegian Black Metal - Live in Grieghallen -Credits:*Infernus - guitars & bass *Gaahl - vocals*Teloch - session guitars*Garghuf - session drumsAll music and lyrics by Infernus, except track 1 , track 2 and track 4 .... . |
| 12 August 2008 | Infernus issued a statement saying that the Gorgoroth trademark matter would not be decided until a verdict is made in a trial in Oslo Oslo Oslo is a municipality, as well as the capital and most populous city in Norway. As a municipality , it was established on 1 January 1838. Founded around 1048 by King Harald III of Norway, the city was largely destroyed by fire in 1624. The city was moved under the reign of Denmark–Norway's King... , Norway which had yet to be announced, and that the matter of True Norwegian Black Metal - Live in Grieghallen would not be decided in another to-be-announced trial in Malmö Malmö Malmö , in the southernmost province of Scania, is the third most populous city in Sweden, after Stockholm and Gothenburg.Malmö is the seat of Malmö Municipality and the capital of Skåne County... , Sweden Sweden Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund.... . |
| September 2008 | Infernus filed his lawsuit against King ov Hell for the latter's trademark application in September 2007, on the grounds that Infernus had established his rights to the name and logo through use before King joined the band. |
| 1 December 2008 | An announcement was made stating the trial was scheduled to take place in Oslo, Norway, in the last week of January 2009. |
| 28–30 January 2009 | The trial took place in Oslo, Norway. |
| 10 March 2009 | Infernus announced that King ov Hell's trademark registration had been deemed invalid by the court in Oslo, and that the court had found that King ov Hell and Gaahl excluded themselves from the band Gorgoroth in October 2007. |
Infernus
- Infernus
- TormentorTormentor (musician)Tormentor is a black metal musician who is best known for his work as guitarist with the Norwegian black metal band Gorgoroth.-Biography:Tormentor joined Infernus in Gorgoroth in 1996, and participated as guitarist and songwriter on the two Gorgoroth albums Destroyer and Incipit Satan , both...
- Per Gyllenbäck - founder of Regain RecordsRegain RecordsRegain Records is a Swedish based independent record label. The label predominantly releases death metal and black metal albums. Regain Records was founded from what remained of the former label, Wrong Again Records, by Per Gyllenbäck in 1997...
- Torgrim Øyre - former Gorgoroth bassist T-Reaper, and organiser of Hole in the SkyHole in the SkyHole in the Sky was a metal festival located in Bergen, Norway that was arranged in the end of August each year from 2000 to 2011.It was arranged for the first time in 2000, in honor of the then recently deceased Erik "Grim" Brødreskift - ex-member of Borknagar, Gorgoroth and Immortal...
Festival - Gro Narvestad - organiser of Inferno Festival
- Asbjørn Slettemark - chief editor of the Norwegian music industry magazine Faro-journalen
Gaahl/King ov Hell
- GaahlGaahlKristian Eivind Espedal , better known by his stage name Gaahl, is a Norwegian vocalist, best known as the former frontman of Norwegian black metal band Gorgoroth. He is also the founder and frontman of Trelldom and Gaahlskagg...
- King ov HellKing ov HellTom Cato Visnes , better known as King ov Hell or simply King, is a Norwegian musician and ex-teacher. He is best known as the former bassist of black metal band Gorgoroth, but he is also the co-founder of Ov Hell, God Seed, Jotunspor, Sahg and I...
- Anders OddenAnders OddenAnders Odden , is a musician. He is the guitarist of Doctor Midnight & The Mercy Cult and as well as multi-instrumentalist and songwriter for Magenta...
- touring member of Celtic FrostCeltic FrostCeltic Frost was a metal band from Zürich, Switzerland. They are known for their heavy influence on the extreme metal genres. The group was first active from 1984 to 1993, and re-formed in 2001. Following Tom Gabriel Fischer's departure in 2008, Celtic Frost decided to break up again...
and office worker at Gramart, helped King with his trademark application - Espen Solheim RøhneIndie RecordingsIndie Recordings is a Norwegian independent record label specialising in heavy metal. The label was founded in 2006 by brothers Espen and Erik Solheim Røhne, who previously founded Tabu Recordings. Indie Recordings has its headquarters in Oslo, Norway...
- founder of Indie RecordingsIndie RecordingsIndie Recordings is a Norwegian independent record label specialising in heavy metal. The label was founded in 2006 by brothers Espen and Erik Solheim Røhne, who previously founded Tabu Recordings. Indie Recordings has its headquarters in Oslo, Norway...
, distribution channel of Regain Records in Norway, ostensibly signed Gaahl and King - Henk Mol - promoter from Dutch tour agency Vain Productions
Reactions from black metal musicians
FenrizFenriz
Leif Gylve Nagell , better known as Fenriz, is the drummer and lyricist of the Norwegian black metal duo Darkthrone...
, Morgan Håkansson and David Parland
David Parland
David Parland is a Swedish metal guitarist, best known for his work in the bands Dark Funeral, Necrophobic and Infernal, in all of which he was one of the founding members.-Biography:...
expressed support for Infernus, and the latter denounced Gaahl and King as "thieves" and a 'fake theatre', in regards to their use of the name Gorgoroth and false reputation as Satanists
Satanism
Satanism is a group of religions that is composed of a diverse number of ideological and philosophical beliefs and social phenomena. Their shared feature include symbolic association with, admiration for the character of, and even veneration of Satan or similar rebellious, promethean, and...
.
Other black metal musicians, such as Averse Sefira
Averse Sefira
- Biography :Averse Sefira was formed in 1996 by guitarist and vocalist Sanguine Mapsama and bassist Wrath Sathariel Diabolus. Their demo, Blasphomet Sin Abset, was released later that year. It featured a drum machine in lieu of a live drummer...
did not take side on the legal situation.
Band line-up of Gaahl and King ov Hell
The name God Seed was assumed in March 2009 in the wake of the verdict, and performed at two festivals prior to Gaahl's departure and retirement from metal in July that year.. Ostensibly, this lineup had been signed by Indie RecordingsIndie Recordings
Indie Recordings is a Norwegian independent record label specialising in heavy metal. The label was founded in 2006 by brothers Espen and Erik Solheim Røhne, who previously founded Tabu Recordings. Indie Recordings has its headquarters in Oslo, Norway...
- whose founder Espen Røhne supported King and Gaahl during the dispute.
Recording members for new album
- Teloch – guitar
- Ice Dale – guitar
- FrostKjetil-Vidar HaraldstadKjetil-Vidar Haraldstad , was born on June 28, 1973 in Øyer, Oppland, Norway, and is the drummer in the black metal bands Satyricon and 1349....
– drums
Touring members
- Teloch – guitar
- Sir – guitar (since September 2008)
- Garghuf – drums (since October 2008)
- Nicholas BarkerNicholas BarkerNicholas Howard Barker is an extreme metal drummer .- Biography :He was the original drummer for British metal band Cradle of Filth, playing on the first three albums. After leaving in 1999, he joined Norwegian symphonic black metal band Dimmu Borgir...
– drums (November 2007–September 2008) - Ice Dale – guitar (March 2008–August 2008)
- Sykelig – guitar (November 2007–December 2007)