Judge Lays It Down In Favor Of Ratt
Thursday, February 7, 2002 @ 12:47 AM
||Ratt Wins Big in Court Agaisnt|
Ratt lead guitarist Warren DeMartini and drummer Bobby Blotzer won the battle over ownership of the name “Ratt” in a court victory in the Los Angeles Superior Court on February 6th. Judge David Workman dismissed former lead singer Stephen Pearcy’s claims for trademark infringement, unfair competition, defamation, misappropriation of corporate assets and breach of fiduciary duty, and held that Pearcy was in fact engaging in unfair competition against his former bandmates by using the trademark in connection with his unauthorized Ratt tour.
The Court ruled that Pearcy’s claims were meritless because WBS, Inc., Ratt’s touring entity, is the sole and exclusive owner of the Ratt trademarks. The Court further ruled that Pearcy has engaged in unfair competition by continuing to tour, without authorization, as “Ratt featuring Stephen Pearcy” after he left the band. An injunction requiring Pearcy to cease and desist from using the Ratt trademarks and an order requiring him to turn over the profits earned from his unauthorized Ratt tour are forthcoming.
Ratt’s attorney, Kyle P. Kelley from Beverly Hills, CA said “My clients are delighted with the Court’s ruling. The Court determined that the allegations against DeMartini and Blotzer were meritless and unsupported by evidence, and in fact, Pearcy was guilty of unfair competition. DeMartini and Blotzer will protect their trademark rights and will vigorously pursue anyone who books an unauthorized Ratt concert.” The trial on Ratt’s cross-complaint against Pearcy is scheduled for March 11, 2002.
Ratt’s current line-up consists of DeMartini and Blotzer, fronted by Jizzy Pearl (Love/Hate), with guitarist John Corabi (Motley Crüe) and Robbie Crane on bass. Ratt will resume touring on February 27th at the Key Club in Los Angeles, California. Future tour dates can be found at the band’s official web site, www.therattpack.com .
Stephen Pearcy has not made an official statement on the decision yet.
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