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MACHINE HEAD Sued By Former Bassist

By Larry Petro, News Monkey
Wednesday, January 22, 2014 @ 9:14 AM


Adam Duce Alleges Trademark Infringement, Breach Of Partnership Agreement And Defamation

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Adam Duce, former bassist for MACHINE HEAD, has filed a lawsuit against his former bandmates. Duce, who has filed the lawsuit against the band, its three current members and manager in Federal Court, alleges trademark infringement, breach of partnership agreement and defamation.

Duce claims that he was kicked out of the band before they signed a new record deal and then band members went on to claim he quit because he was "sick of it."

According to a report from Courthouse News, Duce says in his complaint that "Despite their increase in popularity and touring revenue, plaintiff became concerned with how little income he was receiving, despite the time and hard work put in to developing the Band."

He says he questioned Flynn and the band's manager, defendant Joseph W. Huston, but never got a satisfactory answer.

In 2009, MACHINE HEAD toured with METALLICA in Europe, grossing more than $2 million. A 2012 Europe tour grossed more than $3 million, according to the complaint.

"After receiving very little compensation despite the millions the band was bringing in, plaintiff requested and reviewed the records from the tours. Plaintiff found that Huston, Flynn, and PFM [Provident Financial Management] had squandered money throughout the trip without consulting plaintiff for the vast majority of 'expenses,'" Duce further states in the lawsuit.

Huston and the band's management companies received a percentage of the band's gross income, but the band members were not receiving "an income commensurate with the work put in and the income earned," according to the complaint.

Duce says that "Despite plaintiff's expressed concerns, he was unable to make enough money to live within his modest means. Because of this, when the band was not touring, plaintiff supplemented his income as a licensed real estate appraiser."

On Feb. 11, 2013, as the band was seeking a new record deal, "Flynn, Huston, and the rest of the Band 'fired' plaintiff - expelling him from the band after he put 21 years of his life into it," Duce says.

Duce believes he was fired just before the deal was completed with defendant Nuclear Blast America to allow the other band members to make a bigger profit.

He seeks damages and punitive damages for trademark infringement, breach of fiduciary duty, breach of partnership agreement, intentional and negligent interference with prospective economic relations, negligence, defamation and unfair competition, and he and wants the band enjoined from using the MACHINE HEAD marks.

Check out the full story HERE.


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