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| Queensrÿche with Original Lead Singer Geoff Tate |
It
appears that hard rock and 1980's "hair bands" are a perennially
fertile source of trademark litigation, as well as bar brawls and heady interpersonal drama.
Last
year, we reported on the ugly trademark dispute between Ed Kowalczyk and his former band Live as they disputed whether it was appropriate for Ed to continue to
bill himself as "Ed Kowalczyk of Live." (According to a recent Rolling Stone interview, that case has been settled).
Now, the
original members of progressive heavy metal band Queensrÿche are embroiled in a
hotly-contested litigation that is preparing for an imminent trial in a Washington State Court. The band's intellectual property is owned by Tri-Ryche Corporation, which is the company owned by the band's members.
(One legal oddity of this case is that it is an intra-corporate dispute between band members, which is a purely state law matter, whereas the vast majority of trademark cases invoke exclusively federal jurisdiction).
Last
year, Rolling Stone reported that fans--and lead
singer Geoff Tate himself--were stunned to learn that Queensrÿche had
fired its lead singer after nearly thirty years with the band.
For those unfamiliar with Queensrÿche's catalog, it includes such songs as Silent Lucidity and full-length narrative-driven albums Rage for Order and Operation: Mindcrime.
After the
2012 split, two bands were simultaneously using the name and Queensrÿche brand. They
are each identified by their frontman, with one version led by new singer Todd
La Torre, with original members Rockenfield, Wilton and Jackson and guitarist
Lundgren (who joined in 2009) and the other led by original singer Geoff
Tate, with former guitarist Gray, Randy Gane and Robert Sarzo and
Simon Wright.
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| "Queensrÿche" With Lead Singer Todd La Torre |
The
litigation centers around who should own the rights to control
the Queensrÿche brand and related trademarks after an alleged
"assault" by Tate on the other band members occurred in Sao Paolo, Brazil early last year.
The band's core legal argument is that Tate's alleged assault justified his firing as a form 'corporate action' to address his breach of duty to the other members of the entity.
Tate's court papers allege that "[t]he cut-and-thrust of Defendants' motion is that
the alleged 'assault' in Sao Paulo, Brazil justifies all of their 'corporate'
action under the Business Judgment Rule and leaves Geoff Tate with
no defense."
First, Tate argues that there is a genuine issue of material fact demanding a trial regarding
what happened in Brazil. Second, Tate substantively disputes the facts and circumstances surrounding the incident in
Brazil and does not 'admit' he 'assaulted' anyone.
In his Declaration in
Support of the Tates' Motion for a Preliminary Injunction, Geoff
Tate swears that Mr. Rockenfield taunted him, saying, 'I
fired your wife, I fired your daughter and your son-in-law, and you're next.' Angry, Geoff Tate admits that he 'went after' Mr. Rockenfield,
but never touched him."
The Court apparently agreed that a trial was necessary to sort out the mess. According to music blog Blabbermouth, the trial will start in January 2014.
Sounds like a trademark trial worth following. Stay tuned.
