Kraftwerk threatening to sue Kling Klang into name change
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Kraftwerk are threatening to sue kraut-prog outfit Kling Klang (pictured), DrownedinSound has learned.
The Rock Action-signed band, whose name is inspired by the Klingklang studio Kraftwerk own, received a fax from a promoter associated with the legendary outfit before a show supporting Portishead in Cologne last Sunday (6 Apr).
Kraftwerk have apparently registered the trademark ‘Klingklang’ – which translates as ‘ding dong’ in German – and are threatening to sue if Kling Klang don’t change their name.
The band's management intend to consult a legal advisor, saying that they are “not too prone to accept Kraftwerk’s request”. They go on to state that the multimillionaire kraut-rock legends should be "paternally gratified" that a band have chosen to find inspiration in the work they’ve produced, though DiS has been asked to make it clear that these are the views of the management and not Kling Klang themselves.
Perhaps their reaction is more understandable when you take into account Kraftwerk refer to their studio as “the mother ship” and they’re so attached to it that they boxed it up and took it out on their 1981 world tour with them.
For now undaunted though, Kling Klang will soon return to the studio to record their new album, the follow-up to Esthetik of Destruction set to arrive through Mogwai’s Rock Action label by the end of the year. Before then, they'll continue to support Portishead next month in France and Belgium.
Got news? Email us at newsdesk@drownedinsound.com
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All seems a bit unnecessary
I thoroughly enjoyed Kling Klang at Portishead's Nightmare Before Christmas.
hmm
I never thought of Kraftwerk of money-grabbing scoundrels before, most odd.
Kraftwerk
can't hope to win, for the reasons that the manager pointed out.
I love Kraftwerk but this is pathetic.
The name...
Was taken from 'Kling Klang' the song as far as I am aware.... Lot's of bands take names from the song titles or lyrics of their heroes.
I think Kraftwerk need to forget the studio and the trade mark thing and just remember that they too once had influences and people to look up to.
It's flattering, no?
completely unnecessary
it's meant as a tribute, here's hoping Kraftwerk have a change of heart about this
I think the fact it says Kling Klang
on most Kraftwerk records (well, from '74 onwards i think?) makes it a bit more than just them simply lifting a song title or a common German phrase. Looking at the back of Die Mensche Maschine, for example, it clearly reads (p) 1978 Kling Klang.
I mean, i can't really go and call a band Autechre simply on the grounds that it's a german word that nobody owns the rights to.
Kling Klang's arguement is a little flimsy.
Nope
It does say KLINGKLANG elsewhere on the back though. It says KLING KLANG on the back of Computer World, Electric Cafe, The Mix too. It's a copyrighted name they've used since the 70's.
The occasional lack of a space in between the two words is quite possibly the weakest attempt at keeping the name.
Ooh
Well, thanks for clearing that up Florian. I didn't know that it "doesn't matter what Kraftwerk have written on their records" and that you've checked their copyrights. Whether or not the band and the court feel this is enough to go on is a different matter though. I hope they get away with it, Kling Klang are a good band, but i was just saying like..
After checking, Autechre certainly doesn't mean what i thought it did, so you're probably right on that one :S
not very fair
bit mean from kraftwerk
Good on them
every time i see something advertising this band i get excited that it's something to do with Kraftwerk. Then it's just some band, i've not heard them but i doubt they're as good as Kraftwerk.
thommo
if i say that they have played one of our nights and that we wanted to book them since day 1 would that make you change your mind?
Kling Klang are amazing and I hope that they come out of this stronger. Kraftwerk seem to be being slightly silly regarding this & I hope common sense prevails.
oh i'll happily see them
it's just i always associate that phrase with Kraftwerk. If you say they're good then i'm sure they've got something going for them, i have seem you write about them a lot, and this is obviously good publicity. i was just saying that Kraftwerk have a point.
Well, THAT is silly
but the phrase Kling Klang is heavily related to them. Kooks was one song on one album. Really i hope Kraftwerk don't sue, because although i do see their point it is greedy of them, yes, and i think they would only have an excuse for suing if they were actually performing under the name Kraftwerk, but i think Kraftwerk do have the right to be cheesed off about it. i mean, i'm a big Super Furry Animals fan, but i wouldn't start making music under the name Placid Casual because as their record label moniker it is likely to confuse some people. Plus it would surely be better that they invented a completely new name, or used an existing name humorously like The Dandy Warhols or Brute Forsyth or Wevie Stonder, rather than having people constantly think they're a band that nicked Kraftwerk's trademark.
Having said that, i'd probably have the paternal pride that someone mentioned above if my band was paid homage to like that. But each to their own.
i'm going to listen to some Kling Klang now though, so, maybe Kraftwerk just like giving the next generation extra column inches...?
Kraftwerk...
Are being really unfair and they should be 'paternally gratified' that Kling Klang named their band after a song... Not the studio.
They obviously did not want this reputation damning story to come out, which is why they went through the hassle of obtaining every band member and the management's address to put it on the form.... It's Mafia tactics.
I hope Kling Klang stick to their guns! Fight the power! They have been together for nearly 10 years under this name!
I mean, 'Kling Klang' is the sound of a sword fight, afterall, ironically enough.
Yeah, i agree.
It's sort of what i was saying, but with the sarcasm and snooty, internet-goon vibe taken out :)
I also have quite a funny story that COMPLETELY justifies Kraftwerk's actions with regards Kling Klang really having to now change their name, but not even i would stoop so low as to post it on a public forum. But yeah, it's safe to say that the news story above doesn't quite grasp all the details.
And the 'space or no space' arguement is quite flimsy.
Kraftwerk
should take this in the spirit it was meant as - the band are paying homage to them. not like they need the money...
They should concentrate
on suing Coldplay instead
To be honest...
Kling Klang have been together since 1999... If you Google 'Kling Klang' the band's website comes up. I find it hard to believe that Kraftwerk would not have been aware of the band in the 9 years they have been together..... If this is the case then Kraftwerk have delayed action and have no case.
And Ian-T, 'Kraftwerk' is not trade marked... The symbol of the band was but you cannot trade mark a common phrase. So the two names can't be compared...
Oh, and on your argument about Kraftwerk trying to keep this private. By putting everybody's (Kling Klang and theiur management) addresses on the notice it shows to me that the band are trying to keep them silent. Probably afraid of bad press... It's a shame that people in this world are not willing to spread their 'art' as you put it. A real shame. It is greedy.
I just wish Kling Klang stick the finger up at a band who have not performed in god knows how long and therefore are not sticking to the trade mark terms they registered under - things to do with live performance and entertainment. Kling Klang could argue that after 5 years they are no longer in the same business.
The Charlie Watts Riots
The best thing about this is the news that Kling Klang are due to record another album.
I love the bands who are doing krautrock now.
I just think
people should relax in life more.
Kraftwerk should accept that the name derived from one of their songs... Which, in turn, derived from a common phrase used in the playground.
Just chiiiiill Kraftwerk, no one is going to steal your thunder.
Personally...
I can't see what was so wrong with what the management say in the article...
"admiration for Kraftwerk’s immense contribution to modern music"
"We do understand where Kraftwerk's request originates from and that we will do our best to find a way to make every party happy and to solve the thing peacefully because we do admire Kraftwerk very much"
.....
And they are very respectful with the 'paternally gratified' thing. The quote is placed into it's own context by DiS so the surrounding sentence is unavailable - which does little to make this sound a sincere statement, but it would be. I'm sure that if you name a band after the song of an influence then you would be delighted for that band to have heard of you. I would imagine that this is the equivalent of Kraftwerk selling out a concert or lots of albums - surely it is the biggest compliment a band could hope for from fans? Better than a cover song - it is basically saying "We love this band and that song! Enough to be associated with the name throughout our careers".
And why paper over the fact that Kraftwerk have a habit of suing people and why not speak your corner and tell it like it is... Ian-T, it is completely naive to think that Krafewerk had not heard of Kling Klang before now - how did that slip through their chain of command? What are they doing now, running airport/border patrol or something up in their iron tower in Berlin? RED ALERT RED ALERT SOME SCOUSERS CALLED KLING KLANG HAVE ENTERED OUR DOMAIN...! I DON'T CARE IF THEY ARE MY SONS, TAKE THEM DOWN.
the management
seemed quite complimentary to me but with a hard edge too... What every good manager has.
It helped this get press and give Kling Klang publicity... That is their job!
I'm sure....
Alan McGee would want to distance himself from Oasis' opinions rather than the other way around, no?
Please get your facts right. I'm pretty sure it was a girl but I'm not a fan of assertive women - I prefer them in the kitchen and not making any comment whatsoever. ;op
Obviously...
by quoting me and my saying that people should relax in life more he is trying to say he can better that quote. Maybe? I don't know.... I will stand by that comment until the day I am no longer.
Relax in life more.
Your comment
Stood on it's own to the left of the page.... That is no reply button clicking position to be in!
Calling me a cretin is actually wrong and, to be honest mate, the bahaviour of a cretin. Too many people find it so easy to say these things on boards. Hiding behind technology!!!!
When you look at the fact that Ian thought 'Kraftwerk' - the word - was trade marked, you see he is a fanboy blagger.
I'm going to trade mark the word 'And' so help me God!
Relax in life more... can you guess what it is yet? A message board with opinions... This wouldn't be news if it was so clean cut.
Don't sell out like they all do!!!
But,....
He was misguided and wrong about trade marks... he knows little about it.
What I know is that Kling Klang could use the name if Kraftwerk did not have a problem with it... But, Oh no, of course not.
It is still not clean cut. The courts and whoever would have to decde whether the name causes enough confusion with the general public.
There is no other band called Kling Klang. Kraftwerk use the name to seel merch and it is a studio but this still gives Kling Klang a case and if they can prove that Kraftwerk heard of them a hile back (which, let's face it, is likely) then they have no case at all to answer to.
nonce
I'm not even going to bother with this conversation anymore.... Who cares where your post came up anyway. You were cryptic and typically clever and above your own station.
Don't go calling people nonce's. I won't even respond, it's cowardly and pathetic.
Grow up.
Oh, and as for the loopholes business, why not? Why not try and fight instead of getting bent over by some stuck up, low on cash, has-beens like Kraftwerk?
man.....
sorry, boy... I was pointing out the fact that this Ian character stated that the word 'Kraftwerk' was copyrighted... It is not and can't be...
I do understand that someone else couldn't do this but how many albums have Kraftwerk sold under the name Kling Klang? It is way off the point.
Aaaah...
Come on... ou're right. In the words of Josh Homme
'You can't be a has been if you never was'
Thought that may piss off a couple of people... haha, ah well.
Videodrome, I told you I don't like assertive women. Please don't question me. Where's my supper?
Cute
;op
I reckon...
You are a big hairy bloke Motley Crue fan...
I'm not buying this Cindy, 22 business. Too many images of suburban America and watering lawns for my liking.
wellllll......
That was looooong.
OK, you can stand you have good points and a well-constucted argument but my point is more base on morals and humanity!
"I have not papered over the fact that Kraftwerk have a habit of suing people" - was directing this at comments stating the manager said the wrong things... Sod it.
At the end of the day "paternally gratified" was taken out of the context of it's original sentence it seems, and so has lost it's umph and honesty for me. But I don't feel it is that tongue-in-cheek....
You thank roflharris, a guy who called us 'cretins' and me a 'nonce'.... He is some gentlemen.
Bottom line is Kraftwerk are obviouly spoil sports, I hope they suffer with the reputation of having hearts of stone.
ps
No publicity is bad publicity ian-t!
Their manager turned the negative (being threatened by Kraftwerk) into a positive (getting a story over the Internet)...
making the most of situatiosn is what good managers do. However they are remembered, they will certainly have more people clicking on their myspace and listening and just maybe liking.
It's good business sense.
^^
Stand your own*
You were misguided...
The manager's name suggested it was a girl...
Kling Klang did register their logo. Not the word, that would be silly... But they can still argue that others cannot use the name in the same context but it is not set in stone. Many bands share the same name...
It is up to them...
It is ironic too that by shirking the spotlight and publicity you gain more publicity and notoriety for it... It is under-handed publicity hunting. Very clever.
Like The Raconteurs - the irony was that the new album probably gained more press due to it being released without prior warning or marketing.
It is all a plan to gain more headlines, don't you think? Clever indeed.
I do agree that Videodrome is a conspiracy theorist with an overactive imagination but she does crack a good whip and make a strong point all the same... I tried to tell her that women should stick to kitchen duties but... There is no telling some. Give them an inch and they'll take a mile....! ;op
When allis said and done...
Legally Kling Klang will probably lose.... But morally, Kraftwerk must question themselves- although I couldn't put myself in their shoes so can't judge.
If my hero just tried to sue me I would burn their records and change my band name anyway!!!
Kling Klang should calls themselves Shaftwerk. Maybe not, but they should put this behind them and tell the story to their grandkids.
peace
The name of the manager was a girl's name, of course we are still stuck in the 1800's so that might be out of the question in a 'garlic bread' kind of way.... Oh, I couldn't copyright that. Could I?
I meant Kraftwerk didn't copyright the word...
As for Roflharris, If you read what I have said I just take the other side morally but feel that the band should change their name - not out of respect of TM's but out of disgust.
Kraftwerk
registered their logo, they were unable to register the word 'Kraftwerk' - that is my point... It would be silly. I am not aware of the Orange case but Kraftwerk is a different matter.
You just can't go a register a word - it needs to be distinctive and original, hence Kling Klang as KlingKlang - one word....
The article has been re-edited without quotes from the management. Who know why.... You are no fool but you were misguided - Therefore, having not accused you of being on a period or an indiser or angry I am not in any wrong! I don't know why that matters but such is liiiiiiiife...
I doubt they have much money at all anyway...
Lighten up Ian-T, geeze.
You sound so sewn up tight with all this 'pure art' and 'no other bands would exist' stuff.... Without Elvis none of these guys would be around but I'm not going to go nuts over it.
Oh and "What do they ask in return? Don't use the name Kraftwerk or Kling Klang. Don't sample or cover our music without permission. Just plain basic decency and adherence to basic copyright law."
Misguided = The name has nothing to do with copyright law. But I'm only have a piss about...
OK, let's put yourself in exactly the same position. Why would you just roll over? This is the business of rock 'n' roll and if it was my band I would stand up fopr what I believe in. I think after so long you would have been quite attached to the name.
But, like I acknowledge, legally Kraftwerk have the high ground. I think Kling Klang should move on and call themselves Kling Klang Liverpool. Like London Suede, but people would still call 'em Kling Klang anyway.
And Rofl, the original article had quotes from the manager and their name but it has been editied. that is my point, now stop smoking so much ganje and sort ourself out.
And.... you got me
I am Kling Klang's manager and Chris Martin's cousin, so bring it on bitches!
It is so clear now... You have basically refused to agree on any points involving morals or basic good will or anything....
Your argument has been so one sided.... This was the first website in the world with the news and it is obvious Kraftwerk's label have sent you to try and make it out that their fans are sticking by them. Shame is you were outnumbered on this forum from penny one.
Good day. See you in court.
I might be...
But I am posting no more either, so you will just have to use your imagination.
I was joking on the misguided thing...
Come on man! I was finding somewhere in which you were misguided and it was calling the manager 'he'. It was all in good humour.
You seem to have the sense of humour of Kraftwerk themselves.
I know Kraftwerk have the right to refuse people the use of the name, I just feel that it is a shame that they are threatening to sue Kling Klang. It is a shame.
I don't for one second believe (do you?) that Kling Klang the band intended to take from them or misguide the public. It's just a cool name.
Is it becsuse they are scousers you feel they are a bunch of thieves?... Joke!
Come on Ian, I know there is a heart beating somewhere beneath that metal frame.
^fuck me have you got nothing better to do?
zzzzzzzzzzz.........
that was intended for ian-t
who mysteriously appeared on the matter of Kraftwerk and I am convinced is their UK Agent/PR or something...
I'm more interested in coming up with
Pun-based support slots for Bruce Springsteen at the Emirates to be honest... You should give it a try Ian-T, but you sound more like a cricket man to me ;op
Looks like Kling Klang have abandoned their manager... What else have I got to do?
Ian-T - the problem is that your entire argument all along has been too one-sided. You have never given any breathing space to Kling Klang, unless you have been prompted. You insisted they were trying to gain added success by using the name and you always, always felt that Kraftwerk were 100% in the right... It just seems like you are giving your case to the jury while the rest of us have been accepting the fact Kraftwerk are in the right while also realising that the situation needn't be like this. Why couldn't they drop them an email or a phone call or go for a coffee? they had to go in with the bulldozers straight away. I just think it is a shame but you have been completely one-sided all along it just seems like you are trying to convince people a little bit too much.
You speak about them as if the are Godlike and people should feel 'eternally gratified' for their work in the music business and never ever try to step on their toes because they are so much better than anyone else. That is what it has seemed liked.
Hence the reason people would be suspicious you were an employee of Kraftwerk.
i like kraftwerk as much as the next man
but not as much as Ian-T obviously. A couple of comments, no i didnt read any of your recent comments, my eyes glazed over. Secondly do you have all of Kraftwerk's faces tattooed on your tiny knob? Get a life mate.
Ian-T
let's hope there isn't a thread criticising Laibach or we'll be here skim-reading/ignoring your posts (delete as applicable) for months as you unleash your furious venegence on anyone who dares to criticise the perfect high art of Laibach or for that matter Kraftwerk. I think I am going to form a band this afternoon called Craftwork this afternoon and make primitive eight bit analogue synth music.
and I'm calling my band...
The Klang Kling Klang
or Klingerty Klangerty
or Kliiing Klaaang
or Kling! Klang!
or Shaftjerk
So in the end...
We kind of agree on things.
My posts throughout this blog have defended the rights of Kling Klang, not on the basis of law, but just plain human understanding with a wink and a handshake. It was naive and perhaps unrealistic of me, but I am an old-fashioned romantic... what can I say?
"If Kraftwerk give the English band Kling Klang a really hard time over this I will be very disappointed."
I was glad to read that... I have felt all along that Kraftwerk's methods have been a little strange. I'm sure Kling Klang would have been happy to be contacted in an informal manner, told the legalities and been given the chance to sit down a talk about a possible resolution. This would have prevented any kind of news story from getting out there too... It would have been ridiculous for 'TBBFKAKK' to disclose the information to anybody outside the two bands and their parties - if anything, a leakage would have given Kraftwerk a reason to threaten a law suit (if that makes sense!?). This would have been much better for Kraftwerk, although I still argue that the story in it's self has given TBBFKKAK some much welcome publicity, although bad. What band has never had bad publicity???? It's all relative!
Kraftwerk's methods were a shame because it made it seem as if they did not like Kling Klang. This may be the case but it would be more understandable if directed at, say, a twee band or something.
I can't fault your passion for Kraftwerk, as musicians/artists... It is nice to see someone with such passion and I am highly respectful of the links with German art as a whole, it is distinctive and brilliant stuff... Just glad you agree that you are very pro-Kraftwerk and maybe a little blinded by their work(?) - it's no bad thing, just glad you are being a little more objective now, accepting that not everyone sees these things like you...
Perhaps Kling Klang were naive from the start but it is not like they are a buzz band coming out of nowhere after getting together last year - nine years is a long time, they probably think of the word as their own now and I hope they find a solution that doesn't totally undermine what they have created over the years.


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