Dear Rainover fans:
This is Arturo Hernández writing.
As you already know through our social networks, the Rainover trademark has been fully granted to me in classes 41, 09 and 25, after a long period of OPPOSITION and ALLEGATIONS.
Links from OEPM:
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/, in which, if you know the subject, you know that they are talking about me, I would like to clarify some points:
1.- I left the band in October 2023, but at no time did I try to ‘take over the name’ of the band, Rainover. The trademark has been unregistered since 2021, so the use of the name on social media was not an infringement or intended to cause confusion. Anyone was free to register this trademark and form a band called Rainover. I applied in January 2024. On the other hand, by way of an anecdote, it was me who came up with 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 left the band voluntarily just like that. Personal reasons added to the disastrous management and organisation of the band (lack of a correct treatment, control of the band by a single person on whom we all depended for everything, years to publish new material or to decide anything, a non-existent and improvised planning of rehearsals with absence of members, shameful debts in a rehearsal room, a radical change of the basic conditions under which I founded the band, etc…) forced me to propose to the other members my departure from the band.
Faced with their passivity, I realised that there was no solution to any of these problems, and I finally decided to leave the band.
3.- Regarding the ‘story that does not fit reality’, the truth is that, as our biography says, the band did not ‘start in 2011’. Rainover was born in 2003 as ‘In Memoriam’, a band founded by me, Haydée Mariñoso and Antonio López, which was later called Remembrances, and later Rainover.
When a band is founded, it is usually with a majority of new or different members, a new style, a new name and new songs.The Rainover band did not meet these conditions in such a way that it could be said to have been founded from scratch.
The same band/formation was only renamed, for legal reasons, and a new singer was brought in to record the songs that had already been composed and registered under the name Remembrances, which were to be part of their second album; songs that later became the songs on the album ‘Transcending the blue and drifting into rebirth’ of Rainover.
No band that is founded from the begining records an album with songs composed 3 months earlier under the previous name.
Unanimously among its members, Rainover was a continuation / transformation of Remembrances, not a founding of a new project or band; and it was made clear that the Remembrances repertoire would belong to Rainover. In fact, as I had written many Remembrances songs, I wanted to make this clear, so as not to throw away all the work that had been done.
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/
4.-Regarding this: ‘From Rainover, where most of the original members of the group remain…’:
What they are trying to do with that publication is to make the public believe that Rainover is a first and only line-up since 2011, and that most of the original founding members remain in it, omitting the existence of Remembrances, of my fundamental role as founder of the band in 2003 and composer from the beginning, as well as the role of its other founding members, Antonio and Haydée.
The reader is led to believe that I ‘passed through’ the band since 2011 without further ado, and that they are the majority of the original founding members of a band that started in 2011, not 2003.
This publication misrepresents the facts to incite their followers to report our pages (as already happened with our youtube channel) or to be disrespectful, as happened in some messages that were given in response to this publication.
5.-As for ‘involving people who have nothing to do with Rainover’, I want to clarify that the new members of Rainover are merely interpreters of my works. Rainover is a project financed by me, and I can have as many musicians in my band as I wish to perform the works I composed or compose.
6.- Regarding: ‘From Rainover, where we remain most of the original members of the band and composers of our songs’. It is false that most of the current members of the former Rainover line-up are the REAL songwriters of the songs on the albums ‘Crystal Tears’, ‘Transcending the blue and drifting into rebirth’, and ‘Nox’. It is false that most of the current members of the former Rainover line-up are the REAL songwriters of the songs on the albums ‘Crystal Tears’, ‘Transcending the blue and drifting into rebirth’, and ‘Nox’.
As stated in the biography, all songs were always recorded in equal parts to avoid problems. But there are members of the line-up that released that statement who have not composed any music for many songs since 2003. They were simply arrangers or performers. Some of them didn’t even write anything on the band’s first album, ‘Crystal Tears’, because they were not yet in it.. Proof of this is that in the album booklets, in the authorship of some songs you can see that I composed the music for them; later that music was ARRANGED or ROUNDED by everyone, giving each one their interpretation and a final result.
What band has its songs composed in equal parts by all its members?
Specifically, in the Intellectual Property register, the album ‘Transcending the blue and drifting into rebirth’ was registered in April 2011 by the four remaining members of the band REMEMBRANCES after Haydée’s departure before it was recorded and before Andrea joined in.
In 2013 a new registration of this work was made including Andrea Casanova in solidarity, even if he 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 time they already had a vocalist they had been working with for a few years, until about three months before the recording of the album, at which point 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 many problems adapting musically because, although most of the songs were already finished, the truth is that my voice adapted very well to them’.
That said, I hope that any discussion of 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 remain at your disposal to discuss this in front of a court of law.
Best regards.
Arturo Hernández
Best regards.
Arturo Hernandez
Best regards.
Arturo Hernández