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Well, it's been a while coming and it's finally here. To be honest it's been waiting in the wings safe and secure while the legal system did it's job last year. Now here we are a year later running up quickly on the 1st anniversary of the Shunned trademark! (June) So finally we will drop the EP May 25th! Not only that but we are dropping it the same place 10 years ago we dropped our debut album Victims.., Piere's Entertainment Center! What an honor in itself! Theres some goodies on the EP thats forsure, but there are also Shunned staples that have been waiting for proper legitimate release. The EP is a stepping stone of course to bigger things in the works. Regardless of what that may be, it's finally here! We will be releasing a limited amount of hand numbered physical EPs May 25th in person so if you are there and can grab one please do! Otherwise this is a digital release and an exclusive Bonus track (Featured for a few more days here on Reverb) that will be on the limited edition hard copy and Itunes release. Thank you to Jeffrey Crane, Scott Earley, Tim Bushong, Our Lawyer, The U.S.C.O., the U.S.T.M.O and ALL else who made this possible! We could NOT have done this without any of you so God Bless and All the Best! See you all on the 25th!
Hey Guys and Gals, thanks for making it out to the shows and for your support this Spring and Summer. We have not been bloggin so much here lately because we've been busy playing, writing, and finalising some great LEGAL boundaries that are about to do their job here in the coming weeks and months.
As most of you know Mack Campbell has been campaigning (...another word for attempted stalling, slander and making blaket threats.) against Jon personally now and trying to stop our trademark from coming to fruition. the Trademark Trial and Appeals Board's Official FINAL judgement on this was as follows: "Extension Of Time To Oppose Process - Terminated!" Reason: "potential oppositioner requested multiple extensions, failed to respond at all and follow through with an actual legal claim of opposition or proof as well as meet the deadline set forth by the board in order to make a judgement either way. Therefore, judgement is... termination of claim."
In light of this I finally published a FULL DISCLOSURE of the ACTUAL FACTS of the impending Civil Case: https://www.facebook.com/notes/jon-herrera/full-disclosure-on-copyright-trademark-and-fraud/10150716572701045
I posted and asked Mack personally for proof of his copyright claim 4 times last year PUBLICALLY as most of you know and I reached out once again on May 24th on their public page and it was, once again, deleted and unanswered and in it's place a threat to reveal their versions of our songs from 2007. Our lawyer is extremely excited about this impending release date and so are we to be honest!
We recently had one of our BEST shows to date at C2G this past Friday and recorded the entire Event for a world wide release! I was not surprised to find out from several friends who approached us to let us know that Mack had called them friday with the following quote: "Don't go to the Union Show over at the C2G today! You don't know the whole story and the truth about what is really going on! Juan is lying and has stolen my copyrighted material!" When asked if he had proof that he has done this? Mack's response, after a long drawn out silence: "I do not have to prove anything to anyone! I know what the truth is and If you go to support them then we are no longer friends!" When asked if he had a confirmable copyright registered number? He responded: "I don't need one, I own all the songs they are playing and I'm going to sue them because they are writing songs about me!"
Really Mack? I think my friends have said it best in response to this amusing accusation....
"...let's be fair here... What does he have that's all his? NOTHING! He has taken someone else's ideas, someone else's name, and someone else's image.... So all he has left is empty threats, lies, slander and poor conduct. It's simply the sad and pathetic world of a true and faithful loser. Fools will follow the dribble that falls from his mouth, smart people will take it upon themselves to check the facts from a creditable source such as the federal web site that posts ALL copyright material (of which you will not find Mack... But you will easily find Shunned with Juan Herrara's name attached to it multiple times) I'm sorry Mack, the burden of proof is very much on you. Perhaps more people would take you seriously IF you had even a shred of proof at all! Keep kicking ass Shunned™ Official."
Yes we will and thanks to our true friends and family! Civil Court is affordable and I'm happy to make a public spectical of Mr. Campbell anytime he is ready to go there. Let us know! PLEASE!
"There is NO honor is lies, jealousy and cheeseburgers!"
Dearest you know who,
First I want to thank you for your continued support and patronage. Your skills in disguise and misinformation are no less than exemplary; however your execution, if I may, is less than adequate and is detrimentally flawed! Let’s see a few of the best PUBLIC & random examples:
On November 1st, December 3rd, 5th and 6th you state..." OWNED AND OPERATED SINCE 2006 WITH NO GAPS IN OUR TIME LINE!" and then on January 31st you state "OWNED AND OPERATED SINCE 2005." Which is it? 2005 or 2006? the gap from 2001 to 2006 is significant enough, let alone 2006 to present.
On January 28th you state: “ Was safe regardless of the liable threats that are bent made thanks to the real people in our screen for the support and love...”(left spelling as is for accuracy) Really? “liable threats”? You mean Libel? Where? That means in print and I see no evidence of such threats you claim have “bent made”! And who are “the real people in our screen” to which you are referring?
On December 3rd you state: “Now opposition has been made public they cry a different song.” As of Jan 31st per the USTTAB: Filed request for extension of time to file for opposition. According to the USPTO as a matter of fact, as of 11-28-2011 no opposition has been filed to which we and our lawyer are eager to receive and refute in a court of federal law. Coincidentally, no said “songs” were made about it as of yet.
On October 31st you stated: “our lovely logo created for us by Paul Stier Graphics! Much better that an old "font" logo that we ditched years ago, don't cha' think? WE DO!!!!” You mean the one you stole from Mr. Paul Stier? The one ***** reminded you to pay for and instead you took it to print without his consent or paying him for it for more than a year? The only reason you got caught was because you were so busy posting offensive photos utilizing the shirts and Paul just happened to see it. Once he knew the whole story he wanted nothing more to do with the lies and thus, sold your debt which was his right to do. Also, did you know even if you take a font and modify it past its base specification it is considered an independent work and/or an original piece of art? Facebook, myspace and others happened to agree.
On July 14, 2011 you state: “Copyright © 2011 SHUNNED All Rights Reserved” Really? Where? According to the USCO Search Engine and Records as of January 31st 2012 there is still no copyright record from you or by anyone other than the real shunned music and artists in 2003, 2005 and 2011! Prior to July on June 29th you state: “can`t re-copywrite something that was already copywrited” (left spelling as is for accuracy) Again, Really? I wholeheartedly agree with you in several ways! 1: you just said that you couldn’t copyright what was already copyrighted! 2 : by posting the Copyright claim in public you just committed fraud according to the USCO since there is no such record of any such copyright. What rights are reserved that you are referring to?
On June 23rd you state: “and I’ll remind "him" that we are on ITUNES with a UPC code....suck it hard and suck it long!!!! Ahahahhahahahha.” Really? According to Itunes as of June 2011 you are not featured and they do not support works that have been copyrighted previously! (the same response of Amazon and Reverbnation as you know!) I received an official letter from the company with the offense and detailing the incident since the copyright claim did not add up. I can’t wait to show it to the judge at the USTTAB.
It is important to note that these are just some randomly selected incidents documented where what was said did not exactly add up with reality! All of which is still public. Eagerly awaiting! Sincerely, Shunned (the ONLY and Original Established in 2001!) Anything less…well just re-read the above!
Hey Folks, hope you are having a Great Halloween Week! We'd like to announce that Shunned™ has been inducted as the 1st Band in Our Family of Local Neck Wreckers Union 66! I had been working on this project for quite some time and it was only recently I've had the partners I've needed behind it and the right circumstances to make this effective for a large group of friends and family!
It's been a while since Shunned™ has been on the scene, but we've come to notice that there are fewer venues supporting local metal bands. There are also a big gaps in communication between the musicians, venues and promoters now and all 3 have resorted to scrambling for exposure and pay for their time and work. Lastly there are also those who are feeding on their local scene and stealing from other bands in order to establish themselves and assume the identity of others which is appauling nomatter how much of a decline the metal scene may be in! This is where the Local Union Neck Wreckers 66 comes in.
We are a group of Proud musicians, artists, and businesses working towards a mutual Goal of re-establishing Ourselves as a Solid All Original and Hard Working group of people and revitalising Our scene one band and venue at a time through communication, quality music, professional showmanship and presentation! We also work together in keeping each other and our music protected from plagiarism, theft and exploitation by those who attempt to use anyone in our family as a means to gain profit and or exposure! Coordinated efforts with Venues and Promoters we re-establish and build thise scene back on a solid foundation of honesty and hard work on a more one on one basis! The Local Neck Wreckers Union Family as of today: Shunned™, Koheleth, Born Under Burden and F.O.C.U.S. Productions. More to come as we grow and expand! Thanks and Until next time....!
I think the games and drama have gone on for long enough, but I know that being upfront and honest isn’t enough to quell the drama and keep them from playing the “victim/hero”. The Truth is that the copyrights are now public for all to see. Our trademark is just around the corner and while they have been busy writing on bathroom walls and getting their friends to post threats of violence on facebook, we’ve been securing legal things and getting everything we need put together and ready for what’s coming and the near future. Here’s what is really going on! I leave it up to you to believe whatever you like as we are finished arguing about things that are already taken care of and Done. To you the reader, I don’t need you to believe anything or choose sides as the truth and proof is already out there. 1. The Shunned™ Songs they are plagiarizing (of which are 5) were copyrighted in 2005. Again, this was before MC was officially in the band and while he helped and was included in writing later material, contrary to his belief and opinion, the songs were not written by him. He was taught and learned them. They asked for proof and we provided it publically for all to see. We asked the same from him and have yet to get a response! 2. We’ve offered to peacefully meet twice to resolve any issues and both times he’s ignored the invites. Yet, goes to facebook to complain and post derogatory commentary. (see the shunned page) gone so far as to ask him and his band to choose a date and place. We have yet to get a response! 3. Lately attempts are being perpetuated to get mutual friends upset at us by claiming we are stealing from him instead of showing proof that he has any kind of ownership. How can we steal something that was already established in the first place and before he was even in the band? I posted our Copyrights for all the public to see and and/or download & offered conclusive proof. When asked to show his…. Again, no response! 4. As was my right to do so as part owner of our copyright, I removed MY digital media from their Itunes, Reverbnation, Amazon, In Groove, Myspace, and facebook. I honestly don’t care if they post their own songs, but posting ours isn’t going to happen anymore from this point on. My lawyer has alerted BMI, ASCAP and many other digital and performance media outlets. I’ve asked politely that he no longer play or publish our songs. He responded by continuing to do so! 5. I’ve made it clear to my family and friends, but not sure if “they” got the message or not so I will for the record say that I honestly don’t care if MC and crew continue on with “their own” music. I’ve only asked that they stop plagiarizing ours and our name. Many of our mutual friends have suggested he do the same. He refuses and asks that our friends “choose sides”. I’ve never asked anyone to do this. Honestly, I don’t need ask anyone to choose sides. I asked that he communicate. He refuses! The ongoing theme here is refusal to own up any kind of proof, any kind of legal right or any kind of truth at all to own up to what is really going on here. There is no one running away or anyone to hide behind here. I have made it clear that legal things are already in motion and they fall where they may as I cannot control that. Truth is…we’ve extended the offer! We don’t need to create elaborate stories and or revenge plots. The Proof is all there! You choose to believe whatever you like all I ask is choose for yourself. No one here is asking you to choose sides or even cares or will judge if you do. It’s not a contest to us.
COPYRIGHTS 2003/2005/2011 LIVE! It's a great day for Shunned™ and Family! :) In fact, we are celebrating TODAY! Our Lawyer got back with me this morning to confirm communications with the Performing Arts division of the U.S Copyrights Office. We indeed confirmed what we've been saying all along and now we have CLEAR Documentation in hand and Electronic confirmation. ALL Shunned™ music that had been stolen, had been previously protected.....since 2005! I wanna say again BIG THANKS to J.A. our Lawyer who has been a giant help in clearing OUR name and setting the record straight! Now, on to the OUR Trademark! Registration numbers: SRu000519287 ( ShunnedV.O.C. songs 2003©) SRu001025321 ( Shunned/DTB - Betrayal of Self songs 2005/2011©) All rights LITERALLY Reserved! Thanks for the Support and patience Guys and Gals! and SPECIAL thank to the U.S. Copyright Office. ENDGAME! sincerely, Shunned™
We are happy to announce that Shunned™ has the official album available at iTunes. http://itunes.apple.com/us/album/victims-of-circumstance/id449052783?uo=4 So finally and long overdue, the album is up and much to our surprise has been hit quite a few times. Thanks to you all for that and for being so supportive. We have quite a few things to announce today and we won't leave ya hanging so lets get right down to it. The Trademark....We are on target and doing well. We were given an update a few weeks ago from the USTPO and the lawyer confirmed Friday July 8th that all provisions had been met and we are headed to the final stretch. Yes Lisa, it is a lengthy process and thanks for your "wiki" insight & support! The final stretch is potentially the longest depending on the USTPO lawyers so it could be a while or it could not be. We shall see. MOST IMPORTANTLY for those that need it, I have a copy of our processing registration and have it available to anyone that properly requests it. "Proper" means do NOT harrass me for them! for our friends you need only but ask! For Lisa and you know who, You get your lawyer to request them and I will readily supply them as it pertains to the Case and per the law! The Copyrights....I've also decided to make available our USCO Certificates of Registration and applications from 2003/2005 and the 2009/2011 under Shunned™ V.O.C. because I'm sick of the rumors and drama going on and on here lately. Even though all registrations and "pre-registrations" are public knowledge, some speculations have repeatedly been mentioned as to the validity of our copyright and applications so this puts it to rest. For everyone else, upon proper request it is available to you! Proper means do NOT harrass me for them! for our friends you need only but ask! For Lisa and you know who, You get your lawyer to request them and I will readily supply them as it pertains to the Case and per the law! Koheleth have one as well and while I cannot speculate on its availability personally since I do not represent them, again all of these records are public at the USCO and you can ask for them yourself! A Big thanks to our Shunned™ friends and family for putting up with the back and forth stuff the past few weeks. I appreciate your understanding and patience! sincerely, Shunned™
The Shunned Demos © 2003/2005 & Shunned/DTB2 Demos © 2005/2011 sessions are recordings that originally took place from 2003 to 2009. Originally however, there was practice tapes which were copyrighted in 2003/2005 of variations of the songs on CD and video that was to be a Shunned™ EP slated to be recorded in 2007 at Tim’s Record Plant Studios. This was done to protect potential works from being published and or taken which eventually they would be. Days before this was to take place, an argument was instrumented by an inside source between Scott and myself. Unfortunately, this was detrimental for the band’s true immediate future as Scott and I would not be able to communicate for a while. In the hold were 4 songs (DTB) which Shunned™ was originally half composed by Brandon, Scott, Mike Granger and Myself and later they were finished by Scott, Myself, Mike Walter, and assisted by the "inside source". Those original songs are “Just Like You”, “How you betray”, “Cadence”, and “the Truth.” I would unfortunately discover that these songs would be attempted to be published on multiple occasions in 2007, 2008, 2009 and 2011 regardless of copyright made in 2005. The DTB2 Demos were recorded in 2009 with my good friend Mike Walter and me. Together we orchestrated 4 new compositions and 1 from my original collection. Mike, being very well versed in arrangement would rework them several times and finalize them rather quickly along the help of guest musicians and myself. They were titled “Nothing Between us”, “For what it’s Worth”, “Without Pity”, “Aruetti”, and “Betrayal of Self.” With kind permission and respect to Mike's hard work making these songs a reality, these songs were copyrighted that same year with the intention of releasing them at a later date in conjunction with the original 4 shunned™ songs I own. In the meantime both demos were published with Hurt Music Productions as was the original album under BMI. A copyright infringement case would be opened a year later by both the Publishing Company and by me via a private Copyright and Intellectual Law Firm out of Chicago, IL. The Case is ongoing at this time. Plans to record and re-release these songs are in process along with the impending 2 or 3 reunion shows which are being planned as well, but to coincide with the potential release which will be after the shows.
We released the Album november of 2003 as we played our first gig at Piere's entertainment center opening for Dope. the Years would go by quick and we would play all over Indiana and meet lots of great people having the Best times of our lives. As well as some of the worst. 2nd guitarists would come and go. Eventually Shunned™ would feel the strain and both Mike Granger and Brandon would leave late 2004. Scott and I would press on utilizing several incarnations of the band and hold it together with the true spirit of the band, but ultimately in 2007, several days before recording our new demo (DTB 2006) I would make the decision to not proceed with the band as it was. It came about because of communication problems, a fill in guitar player with his own agenda, and an arguement over a last minute gig. Such drama would transpire over the next few years instrumented by the said guitar player who would ultimately attempt to embezzel and extort a large amount of money from me, keep Scott and I from communicating, and attempt to take legal ownership of the band name. None of which would work. I would decide that ultimately I was better off and kept what was mine under lock n key for safe keeping throughout the years and protect my copyrights any way I could. As time went on I watched from a safe distance as the band imploded over and over again... it still frequently does to this day as a matter of fact, but thats another story entirely. 2011 would see alot of awakenings. Scott and I talking again and finding out that we both were being played against each other by an outside influence for some kind of gain. Brandon and I would speak more vividly about being in a band scenario again and I'd call us all together for our first gathering of the original 4 since 2004. It was as if we had never parted ways and was a GREAT meeting. True friends never forget nor skip a beat. As for the future...plans are in the works for a couple reunion shows coming up here soon. Original 4, Original name and revamped Original material! Beyond this, we are entertaining finishing the original Songs that had LEGAL Copyrights in 2005 to be redone in their true original nature as well as a dozen other new songs unheard by the true Shunned™ friends and family. The future looks very bright and as I said before True Friends NEVER forget nor miss a beat! Thats History of Shunned™ 101. AGAIN, Condensed and edited for less drama and no mention of any unnecessary misgivings and peoples. If you hear it any different from anyone else please be aware and mindful of creative interpretations of the truth! NEXT Blog Episode: I'll talk about about the 2006 DTB songs and the potential dozen + others in the hold. Also I'll finally give a bit of insight on the future. Until next time! sincerely, Jon/Shunned™
First and foremost: This is a very condensed version keeping only to facts and leaving out certain unecessary individuals names for clarity. I have to say for the record that there really is no substitute for the real thing. For example: People preffer real Oreos as opposed to Walmart's "Great Value" Brand of the same thing! Yeah its in a similar package, it looks like your getting a great deal for your dollar, all fancy in its packaging, but the reality of it is that at the end of the day you bought a cheap product that tastes nothing like the original and while you feel you got a bargain, you only cheated yourself of satisfying the taste you had for the real thing. The same can be said of Fort Wayne Indiana's own Shunned™. Here's a quick History lesson. Shunned™ was actually formed by Scott and myself before 2000. We had been practicing and toying with a band scenario before then and even had original songs before we had a band name. We picked our name only a few days before our first gig. It was between the name Muata (which means Spiritual journey in an African language) and the name Shunned™. Scott and I went round and round about it right there in front of the promoter. Me being stubborn as I am, I wouldn't let the name go so Shunned™ it was to be. The name grew on us and by 2001 we were demo-ing the songs BY the Way and Pleased with the band as a 5 piece consisting of Scott, myself, Brandon, Eric and our good friend Pat filling in on Bass. Our first demo, while a great effort, proved unsatisfying. A great lesson was learned and we enjoyed it while it lasted, but we knew we could do better. (I will post the demo stuff soon just for fun!) After the demo we lost Eric on guitar for personal reasons and decided to remain a 4 piece. ( I want to personally THANK Eric for his time and again mention his contributions to By the Way and Pleased for which without him it would not be what it is Today!) Pat would ultimately have to bail too, but we recruited Mike Granger who would prove to be an integral part of our sound over all. Practice, practice, practice! Gig, gig, gig! the next couple years were a blast leading up to the recording of our first album Victims of Circumstance. Self financed and produced we would exceed our expectations and alot of other people's too. to be continued....