MUSIC NEWS - We had recently reported (see story here) that Ben Moody and other former Evanescence members aligned with former American Idol finalist Carly Smithson to form a new band, calling it, THE FALLEN, but now get word of legal action against the new band. The label bosses at SKH (Moody's band's record company) have been hit with a cease and desist notice from the managers of another act already calling themselves The FALLEN. Alfadog Music executives fired off the legal action to Skh Music bosses, insisting that Moody and Smithson's group need to come up with another name. The original The Fallen, were formed in 2005 and posted a message to fans of their website, sayig, "We are truly sorry for the confusion that stemmed from an unexpected announcement from Skh Music." Ironically, the band has just released its second album, Between The Angels And The Deep Dark
The Philadelphia, PA based, THE FALLEN, started in late 2005 as an experimental project between musicians Gabe Horning and Mark Bolger, added drummer Dwight Sensenig and vocalist Audra McLaughlin in late 2007 and completed in early 2009 with the addition of bassist Troy Feuerstein. In August of 2008 they released their debut album, 'Between The Devil And The Deep Blue Sea'. They recently released their second album in 2 years, 'Between The Angels And The Deep Dark Sky'.
We've contacted SKH over these charges but have not yet received a response.
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