Dear Rainover fans:
This is Arturo Hernández writing.
RAINOVER TRADEMARK
-The Rainover trademark was granted to me in full IN JULY 2025 in classes 41, 09, and 25 at the EUIPO (EUROPEAN TRADEMARK) WITHOUT ANYONE HAVING FILED AN OPPOSITION FOR 3 MONTHS.
EUIPO link (EUROPEAN TRADEMARK):
https://euipo.europa.eu/eSearch/#details/trademarks/019170525
– The Rainover trademark was fully granted to me IN FEBRUARY 2025 in classes 41, 09, and 25, after a long period of OPPOSITION and ALLEGATIONS.
Links to the OEPM (SPANISH TRADEMARK):
REMEMBRANCES TRADEMARK
– The Remembrances trademark (first name of the band and under which the first work Crystal Tears is protected) was granted to me in full IN APRIL 2025 in classes 41, 09 and 25, with no opposition filed.
Links to the OEPM (SPANISH TRADEMARK):
https://ceo.oepm.es/detalleExpediente?numExp=M4279374
DEFAMATORY PUBLICATIONS AND REPLY
By allusions in the attached publication and made by the former members of Rainover a few months ago from their instagram account https://www.instagram.com/p/DBrb9eBiWhC/, and recently, in a video on Instagram https://www.instagram.com/p/DMnwDlDIVYJ/ , where anyone familiar with the subject knows that they are talking about me, in which, if you know the subject, you know that they are talking about me (by the way, if they are so sure that what you say is true, I don’t understand why they don’t just name me or sue me instead of making a circus out of it), I would like to clarify a few points:
1. For reasons I’ll explain later, I left that training program in October 2023. In January 2024, I applied for the Rainover trademark registration. This involves an administrative process: the application is published, and opponents have TOW MONTHS to file an OPPOSITION.
Andrea Casanova filed an opposition to my application and gave her reasons for not granting me the trademark. I presented some arguments and gave my reasons for granting it. AN EXAMINER DECIDED THAT I WAS GRANTED THE RAINOVER TRADEMARK.
So: where is the appropriation I’m accused of? Why this indirect lynching of me and my new party? Why don’t they accept the result?
On the other hand, as an anecdote, it was I who created the name Rainover during a rehearsal when we were looking for a name. We had a song called ‘Rain over my tears’ and I came up with the combination of Rain + over.
2.– It is not true that I voluntarily left THAT LINE-UP without further ado. It was for personal reasons, coupled with disastrous management and organisation: lack of proper treatment, disregard, control of the band by a single person on whom we all depended for everything (even to post a photo of a rehearsal on the internet), years to release new material or to decide anything, non-existent and improvised rehearsal planning with members absent for almost two years, shameful debts at a rehearsal space (the owner is still waiting for one of his members to pay him 600 euros), and, ultimately, a radical change in the basic conditions under which I founded the band, as well as a general permissiveness among the members so that they could do whatever they wanted in terms of rehearsals, schedules, organisation and so on, according to their own convenience.
One day, one of the members disrespected me, and I said, ‘That’s it.’ It was the last straw.
With no desire to go to rehearsal, I wrote them a statement saying that I wanted to leave, raising the issues mentioned above (issues that had also caused other members to leave in the past). I reached out to them in my statement to talk about this in person. I told them my conditions for staying in the band: there had to be respect, a fixed rehearsal day, everyone had to attend rehearsals, and everyone had to participate in posting on social media (among other tasks).
I only received a phone call from a couple of them: one yelling at me like a madman, and another standing up for everyone to discuss those conditions, instead of all of us meeting to talk in person.
After some time had passed, given their passivity and silence in meeting to resolve the aforementioned issues, I finally decided to leave THAT TRAINING PROGRAMME, BUT NOT THE PROJECT I FOUNDED, far from it.
So don’t come to me, these people, saying that I left voluntarily as if nothing had happened, when what I felt was that they gave me the cold shoulder because they didn’t agree with some basic conditions for the band to function normally. No one agreed to my basic conditions because then some of them would have had to leave the band.
THEY KICKED ME OUT OF THE BAND SIBILINAMENT AND FOR THEIR OWN CONVENIENCE.
Shortly afterwards, and after what had happened, I learned that they were going to continue giving concerts, sequencing the keyboards that I had composed and recorded in the studio, WITHOUT A KEYBOARDIST. Then I began to understand that IGNORANCE I mentioned earlier. I asked them not to do it, but they didn’t care. You’ll understand that this felt like a kick in the ass (any keyboardist would have felt the same), especially after the way they treated me when I left the band. Later, and to make up for it, I saw them with my own eyes playing accompanied by a keyboardist using my keyboards in strict playback at the ‘Rock Imperium 2024’ Festival in Cartagena. I have it all documented. But here’s a video I saw on YouTube:https://www.youtube.com/watch?v=z7-yFs-W1lY&list=RDz7-yFs-W1lY&start_radio=1
Dear fans: yes, they fooled you. What you experienced was an impersonation of my performance, since what you heard was my performance and I was not the one playing the keyboard. I wonder what would have happened if I had used Andrea’s voice to lip-sync with another singer. But of course, I’m a keyboardist and it’s not the same…
It’s funny to see the other band complaining about posting a video of Tatiana singing with Andrea’s voice in the background, but they have nothing to say when they post images of that keyboardist playing my keyboards in the background. But of course, since I’m a keyboardist…
These people say in the video ‘out of respect for you’ and then they bring in a keyboardist lip-syncing to my compositions at such an important festival as Rock Imperium, and on top of that, they are supported by their entourage.
Having been misadvised that this was a copyright infringement, I sued the band and to their agency for this reason, but not before sending them the corresponding registered letter through a lawyer to warn them of a possible lawsuit, to which none of them replied.
As all the songs that appeared in the lawsuit were registered in everyone’s name (although the keyboards were not), and seeing that the lawsuit was not going to get very far, I decided to withdraw it, with the consequent award of costs. But the proceedings only went as far as the response to the lawsuit.
There was no trial, although a ruling was handed down. But that ruling says nothing about those members being able to administer the works we co-authored because they are in the majority. The works are administered unanimously, as stated in the Intellectual Property Law, which I will discuss later. The only thing that sentence says is that my request in the lawsuit (that they not use my keyboards due to copyright) is dismissed, but without there having been a trial. I withdrew from the proceedings after the response to the lawsuit: I gave up. They asked for a sentence to be handed down so that I would not sue them again for the same thing.
There was no bad faith here. There was bad advice from a lawyer. The lawsuit should have taken a different route. Not copyright law.
On the other hand, in their response to the lawsuit, they had the nerve to say that since they had also paid for the recordings of the albums and were co-owners of the phonograms, they could use my keyboards whenever they wanted. Is this ethical, even though they said it was legal? Well, then it’s also legal for me to use Andrea’s voice in my publications: because I also paid for those recordings and am co-owner of the phonograms. Let’s all be legal, okay?
Therefore, it is ABSOLUTELY FALSE that I sued this band to keep the works. I sued them because they sequenced my keyboards without permission, impersonating my performance.
And it is also FALSE that we are involved in legal proceedings; watching the video, it seems like this is a war of lawsuits or something like that. That video is only intended to stir up controversy. I don’t understand why you would air issues that people could misinterpret.
CO-AUTHORED WORKS ‘NOX’ AND ‘TRANSCENDING’ REFERRED TO IN THE VIDEO
With reference to the Intellectual Property Law in Spain:
Article 7. Collaborative works.
1. The rights to a work that is the joint result of the collaboration of several authors belong to all of them.
2. The consent of all co-authors is required to disseminate and modify the work. In the absence of agreement, the judge shall decide. Once the work has been disseminated, no co-author may unjustifiably refuse to give their consent for its exploitation in the form in which it was disseminated.
Point 2 means that in order to disseminate or exploit a work, there must be unanimity, not a majority, even if the co-authors in that majority have a higher percentage of rights. If this were the case, in a group of five co-authors, three of them would always have their way, which would not be fair to the other two. In the event of disagreement, the judge would decide. But those three could not always do what they wanted with the works because they were in the majority. If a single co-author, for justified reasons, opposed the exploitation, the work could not be exploited until a judge decided.
Below are the WORKS WITHHELD BY NOX AND TRANSCENDING by this majority of co-authors on digital platforms without the consent of the other co-authors:
https://open.spotify.com/intl-es/artist/31KDSxB08EB4j1p6du17rt
PHOTOS AND VIDEOS TAKEN FROM OUR WEBSITES AND SOCIAL MEDIA
As I have been involved in the project since 2003 and was part of that team until October 2023, I am the co-owner of all the photos and videos on their pages and social media that were also used by them during that period, and, just as they are doing, I can use them on my pages and social media for the sole purpose of documenting the project that I will continue to lead. Read the LEGAL NOTICE in the MULTIMEDIA section of this website.
SENDING BUROFAXES WITH FALSE AND MANIPULATED CONTENT
Starting in July of this year, the other group began sending burofaxes using the same false information they gave you in the video they posted, with the intention of intimidating our agency (which terminated its contract with us for fear of a lawsuit), our singer Tatiana, and me. They even went so far as to say that they are the owners of the trademarks. These facts are already in the hands of our lawyers and will not go unpunished. Apparently, seeing that it worked with our agency, they are now doing the same thing worldwide through social media with you. Not even the Italian mafia went that far.
3.- Regarding the ‘story that does not correspond to reality’, the truth is that, as our biography states, the band did not ‘start in 2011’. Rainover was born in 2003 as ‘In Memoriam’, a band founded by me, Haydée Marínoso and Antonio López, which was later called Remembrances, and then Rainover.
When a band is founded, it is usually done with a majority of new or different members, a new style, a new name and new songs. The band Rainover did not meet these conditions to say that it was founded from scratch.
The same band/line-up only changed its name, for legal reasons, and a new singer was added to record the songs that had already been composed and registered under the name Remembrances, and which were to be part of their second album; songs that later became those on Rainover’s album ‘Transcending the blue and drifting into rebirth’.
No band founded from scratch records an album with songs composed three months earlier under the previous name.
By unanimous agreement among its members, Rainover was a continuation/transformation of Remembrances, not the founding of a new project or band; and it was made very clear that Remembrances’ repertoire would belong to Rainover. In fact, as I had composed many of Remembrances’ songs, I wanted this to be made very clear, so as not to throw away all the work that had been done, and so that my AUTHORSHIP would be taken into account. Please note that I composed seven songs (music) exclusively for the first album, and that album was not registered with co-authorship percentages; therefore, I am the AUTHOR of those seven songs.
If now it turns out that this is not being taken into account, then I have been swindled, because that is what was said. Otherwise, I wouldn’t have stayed in the band.
Here are some links to demonstrate the transition from Remembrances to Rainover:
https://www.themetalcircus.com/noticias/remembrances-grabara-su-nuevo-album-en-italia/
https://metalcry.com/rainover-presentaran-nueva-vocalista-en-murcia/
Well, now according to the members of the band that calls itself Rainover, it turns out they have no past. Remembrances did not exist for them, nor did my seven songs as author…
If Rainover is born in 2011 and starts from scratch… why put under Rainover: ‘former Remembrances’, in this 2012 poster ?
Let’s see if this is clear, former Rainover bandmates: the works of the project I founded consist of Crystal Tears, Nox, and Transcending. Therefore, I have the largest percentage of total copyrights for the songs in this project:
7 songs from Crystal Tears (music) + 20% of each song from Transcending + 40% of each song from NOX (Antonio García transferred his rights to me). To this we should add all the songs that were never released, but of which I am the author, and which were performed by the band in some concerts and rehearsals.
This entitles me to continue using the Rainover brand, which includes the work done in Remembrances.
So don’t come to me with copyright claims.
4.-Regarding this: ‘From Rainover, where most of the original members of the group remain…’:
What this publication is trying to do is make the public believe that Rainover is the first and only line-up since 2011, and that it includes most of the original founding members, omitting the existence of Remembrances, my fundamental role as founder of the band in 2003 and composer from the beginning (I AM THE AUTHOR OF 7 SONGS ON THE FIRST ALBUM) as well as the role of its other founding members, Antonio and Haydée.
The aim is to make the reader believe that I simply ‘passed through’ the band since 2011, and that they are the majority of the original founding members of a band that started in 2011, and not in 2003.
These publications distort and manipulate the facts to incite their followers to report our pages (as already happened with our YouTube channel) or to be disrespectful, as is the case in the comments of their followers.
5.-As for ‘involving people who have nothing to do with Rainover,’ I want to clarify that the new members of Rainover are merely performers of my works. Rainover is a project financed by me, and I can have as many musicians as I want in my band to perform the works I have composed or am composing.
6.– Regarding: ‘From Rainover, where most of the original members of the group and composers of our songs remain.’ It is false that most of the current members of the former Rainover line-up are the REAL composers of the songs on the albums ‘Crystal Tears,’ ‘Transcending the Blue and Drifting into Rebirth,’ and ‘Nox.’
As stated in the biography, starting with Transcending, all songs were always recorded equally to avoid problems. But there are members in the line-up that published that statement who did not compose anything in terms of the music for many songs since 2003. They were simply arrangers or performers. Some did not even compose anything on the band’s first album, ‘Crystal Tears,’ because they were not yet in the band. Proof of this is that in the album booklets, the authorship of some songs shows that I composed the music for them; later, that music was ARRANGED or FINALISED by everyone, each giving their own interpretation and a final result.
What band has its songs composed equally by all its members?
Specifically, in the Intellectual Property Registry, the songs on the album ‘Transcending the blue and drifting into rebirth’ were registered in April 2011 under the title REBIRTH by the four members of the band REMEMBRANCES who remained after Haydée’s departure, before it was recorded and before Andrea joined the band.
In 2013, a new registration of this work was made (already under the title Transcending…) including Andrea Casanova in solidarity, even though she had only contributed a few vocal melodies and some lyrics to it.
To prove it, in this interview with Andrea Casanova, we can read:
‘I joined the band in May 2011, and before that they already had a vocalist they had been working with for a few years, until about three months before the recording of the album, when they decided to go their separate ways.’
‘I had the opportunity to contribute some of my melodies and lyrics to the album, and the truth is that I didn’t have too much trouble adapting musically because, although most of the songs were already finished, the fact is that my voice suited them very well.’
https://darkmetaldivas.home.blog/2020/04/24/entrevista-con-andrea-casanova-rainover/
That said, I hope that any debate on these facts will be based on reality and not on unfounded accusations. If the reader of this statement believes that I am committing defamation, I am at your disposal to discuss it in court.
And if former members of Rainover do not like this post, I will be happy to remove it when they remove theirs, which are only intended, indirectly and in the most COWARDLY AND MANIPULATIVE way possible, to incite their followers to criticise and point fingers with the aim of DESTROYING, as they say, our band.
Best regards.
Arturo Hernández