Burton Cummings and Randolph Bachman, two original members of classic rock band The Guess Who, are suing their former bandmates and others for over $20 million, claiming that they concocted a deceptive scheme involving an alleged "cover band" using The Guess Who name to mislead the public, allegedly damaging their reputations.
Plaintiffs Burton Cummings and Randolph Bachman filed the lawsuit in federal court against Michael James Kale and Garry Peterson, along with The Guess Who, and several unnamed individuals, alleging federal false advertising, California unfair competition, California false advertising, and violation of the right of publicity.
Cummings and Bachman are former members of rock band The Guess Who. They allege that their former bandmates, Kale and Peterson, formed a cover band using The Guess Who band name and trademark with the purpose of misleading the public into believing that the cover band included all the original members for the defendants' commercial gain.
The plaintiffs allege that the cover band engaged in several misleading practices including using Cummings' vocal recordings on original albums in advertisements, unauthorized use of online videos, and manipulating online platforms to replace images of the original band with those of the cover band. The plaintiffs claim these actions have caused confusion among fans who purchased tickets under the false belief they would see performances by Cummings and Bachman.
The plaintiffs are seeking damages of at least $20 million, plus restitution, recovery of gains and profits, exemplary and punitive damages, plus interest, attorneys' fees, court costs and other relief. Additionally, they are seeking an injunction prohibiting the defendants from making any further false advertising or misleading statements.
They are represented in the case by attorneys Henry L. Self III, of Yu Leseberg in Los Angeles; and James D. Weinberger and Parker C. Eudy, of Fross Zelnick Lehrman & Zissu P.C., in New York.
U.S. District Court for the Central District of California case number 2:23-cv-09130