Via the Galactic Cowboys message board, whom I originally discovered via the band King's X (whom I've known for years) - my wife Robin was informed that someone else is attempting to use the band name "Planet X". That person is Derek Sherinian, former keyboardist for Dream Theater and also Keyboardist in the band Platypus with Ty Tabor (of King's X). We're not upset, the other guys and I understand how these things happen. (There were at least five "Twist of Fate" bands at last count - which is why we researched every possible replacement name as carefully as we could) Derek's first gig with his "Planet X", is scheduled for today (May 5th) at the Baked Potato in LA, according to his web-site. He has a record coming out in July. It doesn't particular bother us, if he calls his CD "Planet X" - or even if he does a few gigs with the name in So. Cal...no biggie. We have our documentation and from what we can tell - we've used it first (advertised and played two gigs with the name before his), and that's what counts. Eventually one of us will to change it I suppose, and that could be expensive after a certain point. Better to figure it out now and deal with it, rather than later.

Today I sent him the following e-mail note...

• Hello Derek,

  ((Hi, my name is Frank Vyan Walton. I'm a singer. I've heard of you, not just because of your work with Dream Theater, but because we have a mutual aquiantance/friend in Ty Tabor.

  This is kinda a drag to say and a lousy way to introduce myself I know, but the main reason that I'm sending this email is because my group is already named "Planet X". We've done several performances in the Sacramento Area using that name. The first one was on April 3rd, 1999. We've already recorded an independant CD. We don't plan to change the name - picking a name we all agreed on and one that wasn't already in use was very difficult, as I'm sure you can understand.

  We've even put in our paper work for the Service Mark on the name with the U.S. Patent and Trademark Office already.

  I just figured you should know before your show and record came out.

  Vyan))

His response was quick (next day), short and to the point.

• ((leave it to the lawyers, good luck. derek))

Ok, time to make some phone calls.

Stay tuned sports fans - this should prove interesting...

.