Ozzy/Sharon sues Iommi

[tsorl]

I'm not making this up this time, wish I was!

According to the New York Post, Ozzy Osbourne has filed a lawsuit against his BLACK SABBATH bandmate Tony Iommi, claiming that Iommi illegally took sole ownership of the band's name in a filing with the U.S. Patent and Trademark Office.

Osbourne is suing Iommi for a 50 percent interest in the "Black Sabbath" trademark, along with a portion of Iommi's profits from use of the name.

The Manhattan federal court suit also charges that Osbourne's "signature lead vocals" are largely responsible for the band's "extraordinary success," noting that its popularity plummeted during his absence from 1980 through 1996.

Ozzy's suit follows one filed by Iommi in December 2008 against Live Nation. In that filing, Iommi claims the concert giant sold merchandise bearing the band's logo, despite the 2006 expiration of a merchandising deal, reportedly worth nearly $80 million. Soon after that agreement concluded, Iommi reclaimed the band's trademark.

Iommi's suit argues Live Nation continued to sell more than 100 items of merchandise featuring the band's likeness, name and logo, despite the receipt of cease-and-desist orders from the guitarist's camp. Iommi's suit seeks damages in the amount of three times the profits from the merchandise sales, plus a halt to the BLACK SABBATH product sales.

Iommi and Geezer Butler have both said some less than kind things about working with Osbourne in a new interview with Decibel magazine. The pair recently completed a new studio album as HEAVEN & HELL, the post-Ozzy version of SABBATH featuring vocalist Ronnie James Dio, and Butler said that working with Dio was much easier than Osbourne. He explained, "Ronnie's a songwriter in his own right — he's got tons of ideas. Whereas Ozzy . . . in the old days, he'd come up with a vocal line and I'd write the lyrics. Ronnie is 100 percent involved in both the musical side and the vocal side, and he writes his own lyrics as well."

Butler added that Osbourne didn't take him seriously as a songwriter, saying, "If we were with Ozzy and I came in with the killer riff of all time, Ozzy wouldn't even think of doing it because I'm not the guitarist and that's the way he thinks . . . That's why it was so bloody hard to write anything."

Butler said about HEAVEN & HELL's debut CD, "The Devil You Know", "If we'd written this album with Ozzy, we'd still be working on the first track."

Iommi added that there was a sharp difference between the singers live as well, saying, "It was great being with Ozzy on the road . . . but with Ronnie it's a lot different, because we go out and we know exactly what we're gonna be doing. With Ozzy, we didn't really know. It was touch and go sometimes on some of those early shows, whether he was gonna turn up, if he'd be able to sing, if his voice was gone, or what. We'd have to cancel shows, which Geezer and myself really hated. But with Ronnie, we've never canceled a show."

HEAVEN & HELL will tour Europe later this spring and summer, with North American dates scheduled for August.

Ozzy Osbourne is currently working on his next solo album.

Let's look on the bright side: there obviously won't be a reunion with Ozzy now so Heaven And Hell can keep going.

 

[Blind Guardian]

Yeah, honestly in these times Dio's the right choice. I have to wonder what the point of this lawsuit is, money? I doubt Ozzy even has a clue about this.

 

[ElectricWiz]

To be fair he's actually counter-sueing, but I still think it all sucks. Iommi has long owned the name Black Sabbath, that was well known. And it's true that means that he gets a cut of all proceeds from the name.

I'm not a huge Sharon hater, but I do know she believes it's all about Ozzy, and always was, even with Sabbath. She's wrong. I like(d) Ozzy, but he's no Tony so far as talent and drive are concerned. People call Ozzy the prince of darkness, but Tony is the King of Darkness. He could have been successful without Ozzy (in the beginning), but the opposite is not true, I believe. Ozzy would have needed somebody at least, to do the writing etc.

It's a shame how much Sharon has hurt Ozzy's credibility. In the early days she was good for him, as she helped him pick himself up and make two very good records (the first two), but ever after that she has accentuated the over-the-top crap about his legacy, and not thought to put enough emphasis on the music. Some of the later records okay, but his whole gig is just a Spencer's fueled marketing machine now.

Tony has made some clunkers, but on the whole has been a vibrant artist since Ozzy left, and is making VERY relevant records right now.

Finally, all the, "negative," stuff they've said about Ozzy doesn't seem like criticism to me, so much as they are just kind of feeling good about their work with RJD. And more, everything they've said is true, unkind or not.

Anyway, fair is fair, Tony owns the name, and Ozzy (or Sharon) didn't care about that when it was not making tons of money. Now it is, and suddenly they care.

People make the same complaints on behalf of Ace and Peter with Kiss, but whether you agree with their politics or not, Paul and Gene owned the name when the reunion happened, kept it alive when the sales weren't so hot, and ultimately put the money up to gamble on the reunion.

Just like Kiss, I'd wager Ozzy was bought out at some point, even if for not much money.

 

[sixxswine]

It's sad that these guys can't get their differences ironed out without laywers...

 

[razoredge]

I've said it for decades. Ozzy is a POS, lawsuit or no lawsuit hes a POS and always was. Point at Sharon but doesnt this guy have control of his life ? Hes as bad as her by allowing it. He got where he was by scting like a freak and having a funny way of talking/mumbling. Little musical talent, aweful voice and lame frontman. I bet there would be all kinds of friction between him and Rhoads today were he still alive too.

 

[delize]

(I hope it's ok to post this!)


Myspace Bulletin:


May 29, 2009 4:58 PM
Subject: OZZY SPEAKS ABOUT BLACK SABBATH TRADEMARK ISSUE

Below is my official press statement on the official Black Sabbath trademark lawsuit. I am very saddened that I’ve had to take legal action against Tony. This is something that I’ve tried to avoid for years. I am not Geezer or Bill’s voice. However, till the day I die I will not change my mind on this issue. The Black Sabbath trademark should be equally owned by Geezer, Bill, Tony and I as the true Black Sabbath lineup is Tony, Geezer, Bill and I. We’ve all been mates since school. I’ve always said there is an invisible thread that holds us together. Tony, lets get this ridiculous issue sorted and move on with our lives. You’re 61, I’m 60. I hope that we’ve got a good 20 years left in us. But if not, God Forbid something happens to you. What’s going to happen to the Black Sabbath trademark? Who’s going to oversee it? Don’t you think after we’re long gone the rights should stay in your family, my family, Bill’s family and Geezer’s family?

Statement from OZZY OSBOURNE:

“It is with great regret that I had to resort to legal action against my long term partner, Tony Iommi, but after three years of trying to resolve this issue amicably, I feel I have no other recourse. As of the mid-1990’s, after constant and numerous changes in band members, the brand of "Black Sabbath" was literally in the toilet and Tony Iommi (touring under the name Black Sabbath) was reduced to performing in clubs. Since 1997 when Geezer, Bill and myself rejoined the band, Black Sabbath has returned to its former glory as we headlined sold-out arenas and amphitheatres playing to upwards of 50,000 people at each show around the world. We worked collectively to restore credibility and bring dignity back to the name “Black Sabbath” which lead to the band being inducted into the UK and US Rock & Roll Hall of Fames in 2005 and 2006, respectively. Throughout the last 12 years, it was my management representatives who oversaw the marketing and quality control of the “Black Sabbath” brand through OZZFEST, touring, merchandising and album reissues. The name "Black Sabbath" now has a worldwide prestige and merchandising value that it would not have had by continuing on the road it was on prior to the 1997 reunion tour. Tony, I am so sorry it’s had to get to this point by me having to take this action against you. I don’t have the right to speak for Geezer and Bill, but I feel that morally and ethically the trademark should be owned by the four of us equally. I hope that by me taking this first step that it will ultimately end up that way. We’ve all worked too hard and long in our careers to allow you to sell merchandise that features all our faces, old Black Sabbath album covers and band logos, and then you tell us that you own the copyright. We’re all in our 60’s now. The Black Sabbath legacy should live on long after we have all gone. Please do the right thing.”

 

[Wyvern]

The truth keeps being the same basically since 1979. Ozzy is a moron manipulated a by a greedy, heartless demon (aka Sharon).

And finally as Geezer said:

Butler added that Osbourne didn't take him seriously as a songwriter, saying, "If we were with Ozzy and I came in with the killer riff of all time, Ozzy wouldn't even think of doing it because I'm not the guitarist and that's the way he thinks . . . That's why it was so bloody hard to write anything."

Butler said about HEAVEN & HELL's debut CD, "The Devil You Know", "If we'd written this album with Ozzy, we'd still be working on the first track."

 

[delize]

The truth keeps being the same basically since 1979. Ozzy is a moron manipulated a by a greedy, heartless demon (aka Sharon).

I agree! Hate to see all this happen but we all know who is behind everything.

 

[poundingmetal74]

Correct me if I'm wrong but I thought Iommi owned the name? He ran Sabbbath during and after Ozzy left.

 

[razoredge]

Awe, looky that, Ozzy gettin all sentimental.... yarite, like that dim wit has enough brains to write that. Look, you got kicked out of the band because you sucked. The band went on to further fame, you got your own song writers and various band members and were handed a whole nother bunch of fame you did not deserve. Your life was great, you became a reality attention whore of the most extreme dysfunctional family who deserves not a thing from Black Sabbath other than the bragging rites that their worthless father once sang in the band before they KICKED him out.

 

[Platinum Maze]

What I want to know is, HOW MUCH MORE MONEY DO THESE PEOPLE NEED?!?! HOLY CRAP they probably have enough for their kids' grandkids' grandkids!!!!! Is it even worth it after the legal/lawyer fees?!?

 

[mdmatt4ever]

omg what an idiot. iommi is sabbath period. he even tried to go solo after born again and was forced back into using the sabbath name. ozzy is a mediocre singer who was lucky to get involved with some talented people for 40 years now, iommi, butler, rhoads, daisley, lee, wylde, etc.


i own every ozzy solo studio album from blizzard-black rain. maybe its time to stop the collection right there and no longer support this waste of human space

 

[sixxswine]

Correct me if I'm wrong but I thought Iommi owned the name? He ran Sabbbath during and after Ozzy left.

That's how I recall it too, but he and the rest of the guys went for Heaven & Hell as to not ruffle Ozzy and Sharon's feathers....

 

[Wyvern]

That's how I recall it too, but he and the rest of the guys went for Heaven & Hell as to not ruffle Ozzy and Sharon's feathers....

Yes but Sharon can't stand the fact H&H it's hype again while Ozzy has been a joke of himself for a long time. She's bitting her knuckles seeing how everybody loves Dio and nobody cares for another BS album with Ozzy. Jealousy and greed are powerful motors

 

[kittybeast]

In the suit it claims Ozzy is seeking 50%.... .yet in his rebuttle on his site he says it should be a 4 way ownership.

I lost my respect for the Ozzy camp with the Ozzfest/Maiden incident. Since then I have not purchased anything or supported anything Ozzy related.

 

[Unfaithfully Metalhead]

i'll play Devil's advocate... personally i think anything done by the original lineup should of been split 4 ways like it was in the beginning... BUT since Butler/Ward/Ozzy gave up their rights years ago then all 3 shouldn't have any rights to the BS material post H&H album anymore... they shouldn't have sold their rights back then... but imo it's Sharon and not Ozzy since she is the business side of things...

 

[Wyvern]

but imo it's Sharon and not Ozzy since she is the business side of things...

Of course it's her, the most pathetic thing about the whole mess is that she pulls the strings, he dances and talks and put his face on the line, and thus he gets all the flak. And he didn't even realized or cared he's been played like a puppet, and she doesn't care how much damage to his image she creating as long as she can milk the cow dry.

If we could go back in time and show the Ozzy in 1975 (with all the booze and dope) what will become of him in 2009, this will probably would have been his face:

 

[Unfaithfully Metalhead]

I still worship the Ozzy that WAS and choose to ignore all the other BS that has tainted his name, Wyv.

 

[The Butt]

As much as I love Iommi, him being one of my musical idols and all, I believe that ownership of the name should be a 25% split between the original 4 tbh.

As integral as Tony was, Sabbath is those four... not just Iommi.

.

 

[desert_demon]

Let's review Ozzy's statement.

“As of the mid-1990’s, after constant and numerous changes in band members, the brand of "Black Sabbath" was literally in the toilet and Tony Iommi (touring under the name Black Sabbath) was reduced to performing in clubs.​

Performing in clubs? I think not (and please somebody correct me if I'm wrong). They were playing smaller venues, with the Tony Martin lineup, but not clubs. Also the name Black Sabbath (notice Ozzy's/Sharon's use of the word "brand" here, as if Sabbath was merchandise) was NOT in the toilet. Popularity had declined, but let's get things in perspective here.

Since 1997 when Geezer, Bill and myself rejoined the band, Black Sabbath has returned to its former glory as we headlined sold-out arenas and amphitheatres playing to upwards of 50,000 people at each show around the world.​

True - the shows with the reunited Sabbath were bigger shows than they had played before in the late 80's and 90's.

We worked collectively to restore credibility and bring dignity back to the name “Black Sabbath” which lead to the band being inducted into the UK and US Rock & Roll Hall of Fames in 2005 and 2006, respectively.​

I have to admit that I agree that it was Ozzy's fame that got the idiots at the Rock and Roll Hall of Fame to finally induct them even though they had been eligible for a number of years before the induction.

Throughout the last 12 years, it was my management representatives who oversaw the marketing and quality control of the “Black Sabbath” brand through OZZFEST, touring, merchandising and album reissues.​

It was? Ozzy's management, AKA Sharon, was invloved in the Sabbath CD re-issues? I don't doubt it, since Sharon is more business saavy than Tony Iommi.

The name "Black Sabbath" now has a worldwide prestige and merchandising value that it would not have had by continuing on the road it was on prior to the 1997 reunion tour.​

Again, I must sadly agree with Ozzy. Yes, his fame elevated Sabbath from a band that everyone loved and had been influenced by to being the very Godfathers of Heavy Metal. Before anyone flames me for this, let me say that I'm a hardcore Dio-era fan and it pains me to admit that Ozzy's reunion tour involvement was what finally made them legends.

Tony, I am so sorry it’s had to get to this point by me having to take this action against you. I don’t have the right to speak for Geezer and Bill,​

Damn right! Let's hear from Geezer and Bill before anyone does anything.

but I feel that morally and ethically the trademark should be owned by the four of us equally.​

Sounds logical. BUT - only if he's talking about the original lineup albums.

I hope that by me taking this first step that it will ultimately end up that way. We’ve all worked too hard and long in our careers to allow you to sell merchandise that features all our faces, old Black Sabbath album covers and band logos, and then you tell us that you own the copyright. We’re all in our 60’s now. The Black Sabbath legacy should live on long after we have all gone. Please do the right thing.”​

Don't worry Ozzy, whatever happens with this lawsuit the Sabbath name will live on, kept alive by those that care the most - the fans.