For years, Mixup was regarded by thousands of Mexican consumers as one of the main “official” retailers for imported metal albums. At a time when physical media was beginning to disappear and specialized distribution across Latin America remained limited, the chain still carried shelves packed with essential names from the European and American metal scenes. For the average buyer, purchasing a record at Mixup automatically implied that the product came through a legitimate and internationally authorized distribution chain.
However, case file P.C. 641/2022 from the Mexican Institute of Industrial Property ultimately dismantled that perception, exposing an irregular production and commercialization operation involving albums connected to the catalog of Nuclear Blast GmbH, one of the most important record labels in the global metal industry.
The investigation began after a complaint filed by Nuclear Blast against Promotora Musical S.A. de C.V., the company operating Mixup. From there, the case incorporated physical inspections, documented in-store purchases, sales receipts, inventory records, photographs of products displayed inside retail locations, and the seizure of albums connected to multiple bands belonging to the German label’s catalog.
The ruling documents how records associated with Nuclear Blast were manufactured and distributed in Mexico through a structure linked to Scarecrow Records, a company historically known within the Mexican metal scene for distributing extreme music and European releases that were difficult to obtain in the country. According to the documentation reviewed during the proceedings, the materials involved were not limited to European imports, but also included physical productions manufactured in Mexican territory using documentation derived from previous agreements connected to the German company.
According to the position presented by Nuclear Blast, the licenses used to continue commercially exploiting those records were no longer valid or did not grant legitimate authorization to maintain their production and distribution within Mexican territory. Despite this, the materials continued to be manufactured and placed into the Mexican commercial circuit through distribution and consignment agreements between Mixup and Scarecrow.
The investigation also documented products related to bands such as Epica, Eluveitie, Sabaton, Machine Head, Soulfly, Twilight Force, Accept, Black Star Riders, Korpiklaani, Amorphis, and In Flames displayed inside the inspected stores. The quantity and variety of materials found reinforced the conclusion that this was a commercial operation sustained over several years rather than isolated incidents.
The IMPI ruling specifically identified irregularities involving the albums “The Divine Conspiracy” and “Design Your Universe” by Epica, “Live At Masters Of Rock” by Eluveitie, as well as other releases by bands such as Sepultura, Sabaton, Accept, Machine Head, Soulfly, and Korpiklaani, among others.
As a consequence, the authority imposed a fine equivalent to 5,000 UMAs [approximately $586,550 Mexican pesos] against Promotora Musical S.A. de C.V., in addition to ordering the cessation of commercialization of the materials involved and maintaining the precautionary measures issued during the proceedings. The case file also establishes the release of a 250,000-peso security deposit connected to the litigation.
The impact of that model directly affected consumers, artists, and record labels. Thousands of people paid “official product” prices for discs manufactured domestically under irregular or expired licenses, while international companies lost control over the territorial exploitation of their catalogs and the revenue generated from physical sales carried out outside authorized channels. For the artists, this also implied damages related to royalties, catalog administration, and control over international distribution.
