VANCOUVER, B.C. (CN) - Members of the Canadian band Bachman-Turner Overdrive say that founders Randy Bachman and Charles "Fred" Turner are conspiring to reunite under a similar name, after agreeing not to do so back in 2002.
Blair Thornton and Robin Bachman claim that Turner and Randy Bachman, through their companies Ranbach Music and Randy Bachman Inc., have registered similar band names in Canada and the United States, including "Bachman-Turner," "B.T.U.," "BTunited," "Bachman Turner United," and "Bachman Turner Union."
The former bandmates say the defendants agreed not to use any derivative or similar sounding names for performances or recordings after 2002.
"In holding themselves out to concert promoters, agents and the public as one or more of the similar names ... defendants Randy Bachman and Fred Turner have intended to deceive and/or confuse, or are likely to deceive and/or confuse, the public into believing that their services and/or business as one or more of the similar names are the services and/or business of BTO, or that they are otherwise associated or connected with the services and/or business of BTO, when such is not the case," according to the complaint in B.C. Supreme Court.
Plaintiffs seek an injunction, accounting and punitive damages for a variety of claims, including conspiracy, breach of agreement, passing off, lost income and damage to reputation. They are represented by Michael P. Katzalay with Lang Michener.
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