The Vandals Take On Logo Lawsuit
Rockers THE VANDALS are fighting a logo lawsuit from bosses at DAILY VARIETY - bassist JOE ESCALANTE, who is studying at law school, is taking on the case.
The Californian punk band faced legal action from heads at the publication in 2004 when they released album Hollywood Potato Chip with their band's name written in a style similar to the Daily Variety's font.
Variety's parent company Reed Elsevier sent a cease and desist letter to the group and settled with them out of court, striking a deal in which the band agreed to change the record's cover and refrain from using the typeface.
The Vandals also vowed to pay $50,000 (£33,333) as well as attorneys' fees if they breached the agreement.
But in April (10) bosses at Reed Elsevier filed legal papers in a federal court in Delaware claiming breach of contract, alleging the image had reappeared on the band's record company website and another site.
The bandmembers claim they weren't behind any images that have surfaced - and now Escalante, who is a Loyola Law School alumnus in Los Angeles, is acting as the group's lawyer in the case.
He tells the Associated Press, "I'm spending ridiculous amounts of hours on this. Like four to 10 hours a day. It's a nightmare, but I'm learning how to do litigation. I hired a guy to teach me how to do it in Delaware."
Reed Elsevier's lawyer, Henry Horbaczewski, argues, "While we don't expect the Vandals to see the issues through our eyes, the publicity they have generated and continue to generate contains inaccuracies, out-of-context statements and false innuendo. This is a breach of contract suit based on materials and links posted on the Vandals' websites. We look forward to a court deciding these issues."
The Vandals are hosting a concert on Friday (10Sep10) to raise money to help fight the case.