Kandi Burruss filed a lawsuit in Atlanta, March 12, over Kim Zolciak’s use of Tardy for the Party. Represented by lawyer co-star Phaedra Parks, Burruss alleges copyright infringement. Co-songwriter Rodney Richard is also suing Zolciak.
According to the court documents: “Without Plaintiffs’ authorization, license or consent, Plaintiffs’ Sound Recording embodying a performance of Plaintiffs’ Composition was commercially released as a single record… on or around, September 29, 2009 by Defendant TuneCore in agreement with Defendant Zolciak. Defendants marketed and sold the Infringing Single in various formats (e.g., compact disc, downloadable audio track, DVD, etc) and through various websites, all without Plaintiffs’ license, consent or authorization.”
Burruss wants to know how much money the song made, is seeking a temporary restraining order to prevent future sales of the single and an order requiring “destruction of all copies of the Infringing Single and any other product of Defendants that infringe Plaintiffs copyrights.” She also wants punitive damages, attorney’s fees, and a jury trial.
Zolciak has responded, saying it’s a publicity stunt for Burruss’ new show.
In a statement… Kim says, “This is nothing short of a publicity stunt, I find this lawsuit funny yet sad. Coming after me now and this song is 4 years old? I have in fact overpaid Kandi and have documents to prove it and my legal team will handle this accordingly.”
Kim’s lawyer, Darrell Miller, echos her statement. “I cannot imagine it’s anything more than a publicity stunt as it doesn’t appear to be enough money at issue to make a case,” he said. - via Too Fab.