Rockers Fight Over ‘The Calling’ Trademark

LOS ANGELES (CN) - The lead singer of the rock band The Calling asked a federal judge to declare him the owner of the band's trademark, after alleged threats of legal action from the band's former guitarist.

Singer-songwriter Alexander Band claims defendant guitarist Aaron Kamin has no interest in the band they founded more than a decade ago.

Band "is on the verge of signing a new record deal to record and perform as The Calling, and defendant has hired legal counsel to threaten plaintiff with claims for trademark infringement in hopes of placing a cloud over the new deal and exacting a monetary payoff," the lawsuit states.

Band and Kamin formed the band in 2001, according to the complaint. The band released its debut album, "Camino Palmero," that year. It included the band's breakout hit, "Wherever You Will Go."

Band claims that from then until the group broke up in 2005, Kamin "repeatedly quit the group and disregarded his obligations as lead guitarist," and refused to tour with the band.

The Calling's sophomore effort, "Two," came out in 2004. Kamin again refused to tour to support the album and quit the band after he fell out with the group's former producer, Clive Davis, Band claims in the lawsuit.

The group was dropped by RCA records in 2005, Band says. He claims Kamin played only "a small fraction of the band's shows worldwide between 2001 and 2005," leaving Band to play solo or perform with pickup musicians.

After an 8-year break, Band announced in August that The Calling would reform with a fresh lineup and record a new album.

Kamin "publicly feigned concern that fans of The Calling will suffer confusion when they attend concerts only to find that defendant is missing from the lineup - an ironic assertion given that defendant rarely appeared with The Calling even when he did have some affiliation with the group a decade ago. The fact is that fans who attend a concert of The Calling will see exactly what they expect and want to see: the voice and face of the group, plaintiff Alex Band," according to the complaint.

Band claims he has no choice but to resolve the dispute in court. He seeks a declaration that he owns the band's trademark, and costs.

He is represented by David Swift with Kinsella Weitzman Iser Kump & Aldisert, of Santa Monica.

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Email *

Submit