The Black Sabbath lawsuit.

I can see Tony retiring and putting to rest the name Black Sabbath if Ozzy wins the lawsuit. Ozzy will get a cut of everything he does even if Ozzy isn't involved. $haron is one greedy witch!
Ozzy had/has his own solo career and Sabbath has always been Tony's bread and butter...

OZZY OSBOURNE Wins Round 1 Against TONY IOMMI In BLACK SABBATH Name Dispute - Feb. 26, 2010

According to the New York Post, a Manhattan federal judge ruled yesterday (Thursday, February 25) that Ozzy Osbourne can proceed with his lawsuit against guitarist Tony Iommi over use of the BLACK SABBATH name. Ozzy filed a lawsuit against Iommi in May 2009, 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. Lawyer Andrew DeVore argued yesterday that Osbourne signed away all his rights to the BLACK SABBATH trademark after he quit the band in 1979. Osbourne's lawyer, Howard Shire, called that agreement a "red herring" that was "repudiated" when the singer rejoined in 1997 and took over "quality control" of the band's merchandise, tours and recordings. In a statement released on May 29, 2009, Ozzy said about his decision to sue Iommi, "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-1990s, 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 [Butler, bass], Bill [Ward, drums] 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 led to the band being inducted into the U.K. and U.S. Rock And 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 60s now. The BLACK SABBATH legacy should live on long after we have all gone. "Please do the right thing." Osbourne added in a separate online post, "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, let's 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?" 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 SABBATH bassist Geezer Butler both said some less than kind things about working with Osbourne in a spring 2009 interview with Decibel magazine. The pair released 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."

I am sure Iommi will win in the long run, Iommi has owned the name for the last 40 years, it is not his fault he is the only one who had foresight to file ownership of the name.

Black Sabbath with both Dio and Ian Gillan where very successful, it was not til Sabbath became a revolving door of musicians and managers that Sabbath's popularity (in terms of album sales plummeted).

Also Ozzy is being disingenuousness, if it really was about the original 4 members then the split would be 25% for himself, not 50%. Also the issue of if one of them passes away, the legacy of the name is 100% b.s., AC/DC still pay royalities and contribute to Bon Scott's estate 30 plus years after his passing, the lawsuit is a bunch of crap.

manny wrote:

I am sure Iommi will win in the long run, Iommi has owned the name for the last 40 years, it is not his fault he is the only one who had foresight to file ownership of the name.

Black Sabbath with both Dio and Ian Gillan where very successful, it was not til Sabbath became a revolving door of musicians and managers that Sabbath's popularity (in terms of album sales plummeted).

Also Ozzy is being disingenuousness, if it really was about the original 4 members then the split would be 25% for himself, not 50%. Also the issue of if one of them passes away, the legacy of the name is 100% b.s., AC/DC still pay royalities and contribute to Bon Scott's estate 30 plus years after his passing, the lawsuit is a bunch of crap.

If Iommi had not continued using the name after the other original member were gone noone would have cared about this to begin with. Bill and Geezer never cared or challenged Tony. This is all about money for $haron. And to be honest, Tony's riffs are what made the band... Ozzy and Dio's vocals were just the iceing on the cake.

Exactly why didn't Ozzy sue Iommi in 1980, when they hired Dio? Or in 1983 when Gillan came on board? Or when Iommi hired all new musicians thru out the 80's and 90's?


I wish Iommi had slapped the name Black Sabbath on the last live and studio albums that the band recorded with Dio.

manny wrote:

Exactly why didn't Ozzy sue Iommi in 1980, when they hired Dio? Or in 1983 when Gillan came on board? Or when Iommi hired all new musicians thru out the 80's and 90's?


I wish Iommi had slapped the name Black Sabbath on the last live and studio albums that the band recorded with Dio.

Ozzy will be retiring sooner or later and they probably want extra income for their spending habits.

Quote :

I wish Iommi had slapped the name Black Sabbath on the last live and studio albums that the band recorded with Dio.

He should after all this is said and done. Dio has just as much right to sing under the name of Sabbath as Ozzy. All versions of the band has it's own fans... and all are equally quality imo.

I don't understand why Ozzy is being mentioned here. The headline shoud read "Sharon Sues Iommi to Keep Her Name In the Press".

+1 to everyone here.IMHO..ozzy gave up his rights when he quit the band.seems that once the band has made resurgence he wants in! i am sure he is right when he says that the cds and pictures he has entitlement to some but,certainally nothing everything he wants in his suit.agreeing too..the time should have been when dio took over;if indeed ozzy felt that dio was gaining more popularity.note i said if ozzy felt that! i think its greed motivated and too little too late.

The sad thing is that Ozzy might win because of his celebrity status.

MetalGuy71 wrote:

I don't understand why Ozzy is being mentioned here. The headline shoud read "Sharon Sues Iommi to Keep Her Name In the Press".

agreed

kmorg wrote:

The sad thing is that Ozzy might win because of his celebrity status.

That and the fact that Sharon will just hammering away until Iommi just finally gives in and says "Bollocks. Let them have it and be done with it.". I don't know much about Iommi personally, but Sharon is a pitbull with this sort of thing and she won't back down until she gets her way I guarantee.

MetalGuy71 wrote:

kmorg wrote:

The sad thing is that Ozzy might win because of his celebrity status.

That and the fact that Sharon will just hammering away until Iommi just finally gives in and says "Bollocks. Let them have it and be done with it.". I don't know much about Iommi personally, but Sharon is a pitbull with this sort of thing and she won't back down until she gets her way I guarantee.

It's just a matter of time... Unless Iommi gets something set in stone.

I donot see how Ozzy can win, Black Sabbath with Dio and Gillan had gold and by now platinum albums. The Tony Martin era while in the States they could not get arrested, the band did solid business as a touring and their sales of their album where very good in an era of thrash and pop metal.

For better or worse til 1997, Iommi kept the Black Sabbath machine going, that is 17 years, which is longer than the original line up was together. I don't know how Ozzy has a legal leg to stand on.

manny wrote:

I don't know how Ozzy has a legal leg to stand on.

This. Where is Iommi getting sued anyway? UK or US?

jerseyultifan+ wrote:

+1 to everyone here.IMHO..ozzy gave up his rights when he quit the band.seems that once the band has made resurgence he wants in!

Ozzy was fired from Black Sabbath...

Dave the Boss wrote:

manny wrote:

I don't know how Ozzy has a legal leg to stand on.

This. Where is Iommi getting sued anyway? UK or US?

Nevermind, read the article now...

I still love these parts:

Quote :

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.

Quote :

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.

Is n't one of the reasons Iommi did not use the name Black Sabbath when the MarkII line up reunited because the original Black Sabbath was still in semi active status, in case they where going to play more live shows? Maybe even attempt to record new material?

Eyesore wrote:

I still love these parts:

Quote :

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.

Quote :

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.

+1

ok "s" stand corrected..in either case my prior point still stands.even worse now since he was fired..what gives? if you are i were fired from a job and then try to sue 20+ yrs later would it hold? doubt it! sidin with iommi's camp on this one!

Troublezone wrote:

MetalGuy71 wrote:

I don't understand why Ozzy is being mentioned here. The headline shoud read "Sharon Sues Iommi to Keep Her Name In the Press".

agreed

...me too

S wrote:

jerseyultifan+ wrote:

+1 to everyone here.IMHO..ozzy gave up his rights when he quit the band.seems that once the band has made resurgence he wants in!

Ozzy was fired from Black Sabbath...

That was what I thought, I guess when i get fired from my cooking job i should get residule income because i helped improve the recipies over the past 13 years. They fired his ass, except for a live album and a tour here or there he has not done an album with Sab since the 70's, and when you total the albums Ozzy has done fewer albums than Dio,and Martin combined. Give him his royaltes that i am sure he still gets from the first albums and then tell him and Sharon to go stick it up their @ss.

Yeah, as much as I like Ozzy (I'm a huge fan), I think this is sad. Give it up Ozzy. Let it go.

I hope Iommi wins.

Does Ozzy even know there's a lawsuit?

who knows about Ozzy..he says he talks to Bill every day and Tony about two or three times a week