It was previously revealed that Dino Cazares had gained full control of the Fear Factory trademark. Now, during a recent interview with Metal Hammer, the guitarist explained how he pulled that off.
Cazares said the following:
“If I wanted this record to come out, if I wanted Fear Factory to live on, there was an urgency that I had to fight to get it. I don’t mean fight Burt, I mean fight the courts to get it – fight Raymond [Herrera] and Christian [Olde Wolbers] to get it.
When you file a Chapter 7 bankruptcy, you have to list all your assets – your computer is an asset, your car, your house, your businesses, your trademarks. If you fail to list anything there, they’ll take it from you.
That’s what happened to Burton [C. Bell]. They took the trademark from him because Raymond and Christian’s attorneys discovered that he never listed the Fear Factory trademark as an asset.
So boom, the court put it up for auction. People think I took it from Burt or sued Burt. But the court put the trademark up for auction, meaning anybody could bid for it – it’s like eBay. People bid on it, but I wasn’t gonna let it go.
Because Burt failed to list it in his bankruptcy, he was not able to own it again. And if I bought it, I couldn’t gift it to him, because the courts would think I was defrauding them and we were in collusion to give it right back to him.
So it was up for auction and I was trying to outbid the highest bidder – and those people were Raymond and Christian as well. It was intense. I was sweaty.”
He continued when asked if taking over the trademark impacted his relationship with Bell:
“I don’t really know, other than what he said, why he left. Because he never spoke to me about it. Again, he ran away. If you have an issue with me, just tell me. Why take it out there in the media? That’s just old school.”
As previously reported, Fear Factory’s final album with Bell, “Aggression Continuum,” will be released on June 18.