Links:
http://www.rollingstone.com/rockdaily/index.php/2009/05/29/ozzy-osbourne-suing-tony-iommi-for-black-sabbath-name
http://www.nypost.com/seven/05292009/news/regionalnews/ozzys_sour_sabbath_note_171506.htm
Well I guess there will be no reunion with the classic Black Sabbath lineup after all. Ozzy has filed a lawsuit against guitarist Tony Iommi for one half of the value of the trademarked Black Sabbath name as well as profits that Iommi has gained through use of the name. Ozzy claims that it was his vocals that were largely responsible for the success the band gained and that Black Sabbath was never the same after he was kicked out of the band.
A couple of questions:
1. Why the hell did it take so long for Ozzy to pull something like this?
2. When was the name trademarked?
3. Did Ozzy leave the band voluntarily or was he fired?
If the name was trademarked while Ozzy was still in the band and he did not relinquish any rights to the name and was then kicked out, then Ozzy probably has some legal grounds to stand on here. It's unfortunate, but it's probably true. However, if the band name was not trademarked until after he left voluntarily or was kicked out, then things are a little muddier.
From the information that I have seen, it looks as if Iommi did not register the trademark until 1999 at the earliest. After each of the original members left the band, they probably relinquished their rights to the name as Iommi continued using it. Ozzy has probably slept on his rights, allowing Iommi to claim as an affirmative defense the doctrine of laches. That would be my first move if I were the attorney.
I would need more information about this case, some of the facts are unknown to me at this time, before I can come up with a better idea of what will happen. Currently, I believe that this case will be settled out of court, but I am pulling for Iommi. Ozzy has his own career and is not hurting for money. Unfortunately, when people are forming a band they often do not consider what would happen if they got rich off of it and then broke up. I will keep an eye on this.
UPDATE:
http://www.metalinsider.net/legal-woes/ozzy-osbourne-files-suit-against-tony-iommi-over-black-sabbath-trademark-why-now
Iommi has had the trademark since 1999. The band Black Sabbath has not been active in that time period, but still sells merchandise pretty well. Iommi has a suit against Live Nation for merchandise profits for using the name without his consent. Apparently Ozzy thinks this will result in a big payday for Iommi. I'm still banking on the laches defense, he could have brought suit 10 years ago when Iommi got the contract knowing that there probably would continue to be merchandise released with the Black Sabbath name.
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