Lawsuit

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ERIC CARR’s Family Says Lawsuit Against KISS Was Filed Without Their Knowledge, Authorization Or Consent

Posted by tarjavirmakari on March 12, 2014
Posted in: Int. News. Tagged: , , . 1 Comment

Blabbermouth.net has just reported that Mark Abbattista, attorney for the family of the late KISS drummer Eric Carr has released the following statement to Blabbermouth.net:

ericCarr

“It came to our attention through a variety of different media outlets that a legal proceeding was filed against the band KISS purporting to be on behalf of the ‘The Estate of Eric Carr‘ and the ‘late KISS drummer’s heirs.’ This proceeding was filed by a non-related third party without any knowledge, authorization or consent of anyone in the Carr family. The filing party’s attorney has been contacted and ordered to cease and desist from any further statements, actions or allusions purporting to be on behalf of, or in any way relating, directly or indirectly, to Eric Carr and/or the Carr family. Paul Stanley and Gene Simmons know that Eric‘s family is not involved in this matter. However, due to the litigious society in which we live and the unfiltered proliferation of inaccurate online discussion, it is imperative to address the matter publicly, set the record straight and let the fans know that we are unified in our response to preserve and protect the honorable and beloved legacy of Eric Carr.”

Added an Eric Carr family member: “We’ve known each other for almost 35 years and we have the highest respect for KISS and keeping Eric‘s memory in a positive light.”

Meanwhile, KISS guitarist/vocalist Paul Stanley tweeted the following message after the news of the lawsuit broke yesterday: “Eric Carr‘s family is shocked by a lawsuit filed without their knowledge or support. We will deal with this attempted scam appropriately.”

A copy of the complaint, filed on March 10 by attorney Robert Garson in New York County Supreme Court, can be downloaded as a PDF file for a $35 fee from the Courthouse News Service.

Carr joined KISS in 1980 after the departure of the band’s original drummer Peter Criss. He recorded eight albums with the group, starting with “Music From ‘The Elder'” in 1981. His last recorded appearance with KISS was “Hot In The Shade”, released in 1989.

paulstanleyonericcarr_638

KISS Sued By Eric Carr’s Family

Posted by tarjavirmakari on March 12, 2014
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According to classicrockmagazine.com, KISS have been sued by the heirs of late drummer Eric Carr, who claim the band owe them 23 years of royalty payments.

ericCarr

It’s alleged they failed to pay money due for four tracks he wrote during his 11-year stint, which ended with his death from cancer in 1991.

Attorney Robert Garson says the unnamed heirs believed they were receiving everything they were entitled to, and only recently discovered payments were due from sources other than the American Society of Composers, Authors and Publishers.

Garson tells the New York Post: “They thought they were getting it all from one source.” Now they believe more cash should have come from the Kiss corporation, Gene Simmons Worldwide and two Kiss publishing firms.

The dispute centres around the songs Little Caesar, Breakout, Carr Jam 1981 and Carr Jam 1991, all written by the drummer, whose real name was Paul Charles Caravello.

Among the evidence submitted to Manhattan Supreme Court is a 1989 payment for $4000 for overseas sales, and paperwork which, Garson says, proves the band attempted to avoid dealing with the issue by blaming touring schedules and overworked staff.

Meanwhile, Kiss frontman Paul Stanley has blamed the Rock And Roll Hall Of Fame for the band’s recent decision that no lineup would perform at their induction ceremony next month.

He and Gene Simmons made the announcement after it had been hoped original members Ace Frehley and Peter Criss would return for a one-off performance, with current men Tommy Thayer and Eric Singer also involved in some way.

Stanley tells Billboard: “They wanted the original four guys to play, in makeup. But, honestly, I don’t want to roll the dice and possibly negatively impact on what I personally have been involved in building for 40 years. I have too much invested at this point.

“It really is a can of worms that I feel is better off left closed. There’s been a lot of issues – perhaps the best way to deal with them is to celebrate the four original guys, go there, get our award and to look past the differences that will always be there.

“It doesn’t change the big picture: we have differences and we will continue to have differences.”

Copy Of VAN HALEN’s Lawsuit Against Drummer’s Ex-Wife Posted Online

Posted by tarjavirmakari on October 18, 2013
Posted in: Int. News. Tagged: , , , . Leave a comment

Source: Blabbermouth.net

According to The Pulse Of Radio, VAN HALEN the band and its holding company, ELVH, Inc., have filed a lawsuit in California federal court against Kelly Van Halen, the ex-wife of drummer Alex Van Halen, claiming that she has infringed on the band’s trademark by using her last name as the title of her construction and interior design company. The suit alleges that Kelly‘s use of the name is “confusingly similar” to that of the band, and that she is diluting the VAN HALEN brand and committing unfair competition.

Alex Van Halen

Alex Van Halen

Alex married Kelly, whose maiden name is Carter, in 1984. The couple were divorced 12 years later in 1996.

The legal question is whether Kelly can use her last name in a commercial enterprise, and whether her intent was to exploit the goodwill and reputation of the band by doing so.

According to the lawsuit, Kelly is said to have filed two trademark applications on “Kelly Van Halen” for products such as chairs, children’s blankets and bathing suits, as well as building construction and interior design services.

Read the lawsuit at HollywoodReporter.com (PDF file).

VAN HALEN officially wrapped the touring cycle for its 2012 album, “A Different Kind Of Truth”, at the California Mid-State Fair in Paso Robles, California earlier this year.

Report: AXL ROSE’s $20 Million Guitar Hero III Lawsuit Against Activision Blizzard In Danger Of Being Dismissed

Posted by tarjavirmakari on February 1, 2013
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Source: Bravewords.com

According to the Hollywood Reporter back in August 2012, a hearing was held in a Los Angeles courtroom concerning a $20 million lawsuit brought by vocalist Axl Rose against Activision Blizzard for featuring former GUNS N’ ROSES bandmate Slash in Guitar Hero III.

By the end of the hearing, the judge indicated that he was going to toss Rose’s fraud claim but allow his breach-of-contract claim to continue, setting up a potential trial in February. 2013

Axl-Rose-Gugat-Game-Guitar-Hero

The Hollywood Reporter has issued a follow-up here stating that, at a summary judgment hearing on Thursday (January 31st), Los Angeles Superior Court Judge Charles Palmer reportedly indicated that he is inclined to dismiss Rose’s $20 million lawsuit against Activision Blizzard for fraudulently inducing him into authorizing ‘Welcome to the Jungle’ for use in the popular video game. At the conclusion of the hearing, according to an attorney involved in the case, the judge took the matter under submission.

In the lawsuit, Rose claimed he was told during negotiations that the game wouldn’t feature any reference to Slash, the guitarist with whom he has been famously feuding for two decades.

The possibly fatal problem for Rose was not moving soon enough on the allegations.

The singer’s lawsuit wasn’t filed until late November 2010 — more than three years after the game October 2007 release. Rose has had difficulty claiming that he didn’t discover the problem at an early stage. According to documents filed in the case, Rose’s agent sent Activision an email objecting around the time the game came out.

During the course of the case, Rose attempted to explain why he hadn’t filed a lawsuit right away.

“The reason I did not file a lawsuit is because Activision — through my managers and representatives — offered me a separate video game and other business proposals worth millions of dollars to resolve and settle my claims relating to GHIII,” he said in a deposition. “From December 2007 through November 2010, Activision was offering me a Guns N’ Roses-dedicated video game, a game dedicated to music from the Chinese Democracy album, and other proposals.”

Palmer is inclined to rule that the agreement relied at least on oral promises and was subject to a two-year statute of limitations. “The only extrinsic evidence supports Activision’s interpretation and does not support Rose’s interpretation,” the judge ruled in a tentative order that was recorded by a legal newswire.

A full decision should be coming within weeks.

Go to this location for the complete article.

AEROSMITH: Lawsuit Over Steven Tyler’s American Idol Deal Now Involves MÖTLEY CRÜE

Posted by tarjavirmakari on January 8, 2013
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Source: Bravewords.com

Eriq Gardner of The Hollywood Reporter reports:

In October 2012, Kovac Media Group alleged in a lawsuit that attorney Dina LaPolt had cost AEROSMITH vocalist Steven Tyler a $6 million – $8 million deal after she supposedly poisoned the negotiations for Tyler to return as judge on American Idol.

StevenTylerAmericanIdols

After filing the lawsuit, Kovac Media Group, run by Allen Kovac, added new claims, asserting that in retaliation for the lawsuit, LaPolt has been “conspiring” to “set up a competing management company” to steal away a “world-famous rock band” that Kovac has repped for 15 years.

That band is MÖTLEY CRÜE, and on Monday (January 7th), its band members made its objections to Kovac’s claims very loud and clear. Declarations by Mötley Crüe guitarist Mick Mars and drummer Tommy Lee were filed along with new court papers by LaPolt that urge a Los Angeles Superior Court judge to reject the lawsuit in accordance with California’s anti-SLAPP statute.

In a declaration in December, Tyler said about his former manager, “It is an understatement to say that I was very unhappy with the services and conduct of Allen Kovac. Among other things, he was disrespectful and rude to my business associates, insulted and verbally abused my fiancé, my lawyer, my family, my assistants, and my accountants.”

Now on Monday, Mars and Lee followed Tyler in voicing displeasure with Kovac and others who have been taking the manager’s side.

According to Mars’ declaration, he first learned of what had happened on October 15th, when he got an e-mail from LaPolt describing the dispute and stating that he should get an independent attorney if he was concerned. Mars says he was “completely shocked and mad that Mötley Crüe’s manager had sued our lawyer. I trust Dina implicitly, to the point that she is my trustee if I die or become disabled.”

A few hours after getting the e-mail, he says he was informed that Pam Malek, the band’s business manager, had told one of Kovac’s attorneys to draw up documents giving Kovac $200,000 of Mötley Crüe money. According to Mars, the money was supposed to repay a personal loan that Kovac had given to the band’s singer Vince Neil (no longer a shareholder in the band), but Mars said that he never voted for that to happen.

Further details can be found at this location.

$50M Lawsuit Against JOURNEY And NEAL SCHON Dismissed

Posted by tarjavirmakari on July 10, 2012
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On July 9, the Honorable Dennis Hupp, Circuit Court Judge for Warren County, Virginia, dismissed with prejudice Tareq Salahi‘s $50 million dollar lawsuit against the rock band JOURNEY and lead guitarist Neal Schon.

After having his initial complaint dismissed on April 13 for failure to state a claim, Salahi hired a new attorney and attempted to repackage what has been described by Schon‘s publicist as a “legally and factually deficient complaint.” However, after a two-hour hearing, Salahi‘s amended complaint was, yet again, dismissed — this time with prejudice.

Spearheading the successful legal efforts of Schon and JOURNEY were Bruce Blanchard, Esq. and Stephen Cobb, Esq., shareholders in the litigation group at the Virginia law firm of Odin, Feldman, & Pittleman P.C.

Upon the dismissal of the amended complaint with prejudice, Blanchard remarked, “As we have said all along, this case did not have a basis in law or in fact and was not worthy of the Court’s time.” Cobb added, ‘[This] is more than a win for our clients, it is a victory for common sense.”

Schon is currently prepping for the July 11-12 video shoot for the title track from his new solo album, “The Calling”, which is due to be released later this month.

Photo credit: Travis Shinn – Source: Blabbermouth.net