The original members of The Guess Who, Randy Bachman and Burton Cummings, are suing their former and founding bandmates Jim Kale and Garry Peterson, as well as the current lineup of the band, for allegedly misusing the band's name and legacy.
The lawsuit, filed on Monday in Los Angeles, accuses Kale and Peterson, who are the current owners of the band's name, of giving "the false impression that Plaintiffs are performing as part of the cover band" by using the band's name, photos of the original lineup, and recordings that Bachman and Cummings appear on.
Bachman and Cummings claim that they have been deprived of the opportunity to tour as The Guess Who, even though they wrote most of the band's music and want to give it to the fans. They also allege that the current lineup, which sometimes includes Peterson, is "little more than a cover band" that features musicians who "weren't even alive when these were hits".
"They've taken mine and Randy's history, the history of The Guess Who, and stolen it to market their cheap ticket sales in their fake BS shows. It takes away everybody's legitimacy," Cummings told Rolling Stone.
Bachman added, "It's really tainted our legacy; it's tarnished it. [Peterson] can be replaced by a drum machine; you can't replace Burton Cummings' voice — it's the greatest rock voice out of Canada. My guitar playing was a one-of-a-kind thing I developed as a kid in Winnipeg. You can't replace that, and if you do, why would you want to replace it when you can have the real thing?"
The plaintiffs are seeking as much as $20 million in damages and an injunction to prevent the defendants from using the band's name and likeness. They also propose that Peterson retires and they pay him a percentage off the top, and they lease or buy the name outright.
Kale, who acquired the name in 1977 after Bachman and Cummings left the band, has not commented on the lawsuit yet. However, in 2012, he defended his right to use the name and said that he was prepared to be "petty" and have "a band of trained monkeys out there just to piss [Cummings] off".
Cummings also expressed his disinterest in attending the Rock & Roll Hall of Fame induction ceremony if The Guess Who ever gets nominated, because he does not want to share the stage with Kale and Peterson. He said, "If it happens, I won't go because Kale and Peterson will be there, you see. So there's no way I can go ... I can't do it — the name is ruined. Let the memories survive."
The Guess Who, best known for their hits such as "American Woman", "These Eyes", and "No Time", have yet to be nominated for induction into the Rock & Roll Hall of Fame.
[Source: Classic Hits Today]