The suit was filed in federal court in Los Angeles
Earlier today (Mon, Oct 30th), Burton Cummings and Randy Bachman — founding members of The Guess Who — filed a false advertising lawsuit in response to a group of hired musicians who have been touring and recording using the band’s name in federal court in Los Angeles. In addition, according to the lawsuit, these hired musicians have been using photographs that include Cummings and Bachman to create the false impression that the hired cover band is the original The Guess Who.
Jim Kale (a former bassist who was kicked out of The Guess Who in 1972), and Garry Peterson (the drummer who played with the group until it disbanded in 1975) are being sued for allegedly concocting a deceptive scheme that has falsely led fans into buying tickets for the cover band’s live shows and implying that Burton Cummings and Randy Bachman are performing at the shows when, in fact, they have no affiliation with the cover band.
The lawsuit also claims that Kale and Peterson have been removing images of Cummings and Bachman from the landing pages of music streaming platforms such as Spotify and Apple Music and replacing them with pictures of the cover band in an effort to boost sales of tickets for live performances. The suit additionally states the defendants have been using songs written by Cummings and Bachman to promote the cover band without obtaining proper licenses.
The cover band’s actions are alleged to have impeded both Cummings’ and Bachman’s own ability to book live performances in the United States and tarnished the band’s legacy. The plaintiffs seek in excess of $20 million in damages as well as a court order directing Kale and Peterson to take corrective measures notifying the public and all venues where the cover band is playing with truthful advertising. Cummings and Bachman are represented by veteran entertainment attorneys, Helen Yu and Henry Self of Yu Leseberg and James D. Weinberger of Fross Zelnick.
“With this lawsuit, Randy [Bachman] and I hope to set the record straight and protect fans from imposters trying to rewrite history,” says Cummings. “Even after we’re gone, the legacy of The Guess Who will live on, and we want to make sure that legacy is restored and preserved truthfully.”
“Burton [Cummings] and I are the ones who wrote the songs and made the records,” Bachman adds. “It’s Burton’s voice and my guitar playing on those albums. Anyone presenting and promoting themselves as The Guess Who are clones who are ripping off our fans and tainting the legacy of the band. It’s about time for the real story to come out.”
The Guess Who was formed in 1965 in Winnipeg, Manitoba, Canada. The legendary band enjoyed its biggest success during late 60s and early 70s under the direction of Cummings and Bachman with an impressive catalog of songs including “American Woman,” “These Eyes,” and “No Time.” During the course of its career, the band has released 11 studio albums, all of which charted in Canada and the United States. The Guess Who is best known internationally for its 1970 album, American Woman, which hit No. 1 in Canada and No. 9 in the United States, with five other albums also hitting the top ten in Canada. All in all, the Guess Who boasts 14 top-40 singles in the United States and more than 30 in Canada.
