Pearcy, DeMartini and Croucier kick Blotzer out of Ratt partnership
In what has come as no surprise after the United States District Court’s ruling on November 8, 2016 and as detailed by Sleaze Roxx, Blotzer‘s claim to the Ratt name under the corporation WBS, Inc. has turned out to be “invalid” meaning that the name Ratt is actually controlled by the remaining members of the Ratt partnership first concluded in 1985, namely singer Stephen Pearcy, guitarist Warren De Martini, bassist Juan Croucier and drummer Bobby Blotzer.
It is no surprise to hear that Pearcy, DeMartini and Croucier have now kicked Blotzer out of the partnership given what Blotzer has been doing with the Ratt name in the last year or so.
Eddie Trunk posted the following exclusive statement on his website in that regard which comes from attorney Stephen M. Doniger:
“After the four remaining original members of Ratt (Pearcy, DeMartini, Croucier and Blotzer) finished touring in 2014, Bobby Blotzer began touring as Bobby Blotzer’s Ratt Experience, and Juan Croucier began touring as Ratt’s Juan Croucier. Realizing that he could make ten times as much per show touring as Ratt, Blotzer relabeled his cover band as Ratt, over the objections of every other member of the band. He then proceeded to get into litigation with each of his three partners in an effort to usurp control of the Ratt name, claiming that WBS owned the band name and he controlled WBS.
A Federal District Court in the Central District of California has now Ordered judgment to be entered against WBS/Blotzer, finding that WBS does not own the Ratt name (WBS, Inc. v. Juan Croucier et al., Case No. 2:15-cv-07251-DDP). Under a 1985 written Ratt Partnership Agreement, the name/trademarks are the property of the partnership and can only be transferred with the unanimous approval of all partners. Thus, in 1997 when Blotzer, DeMartini and Pearcy purported to transfer the trademarks to WBS, that transfer was invalid since Juan Croucier (Ratt bassist) whom was still a partner, and never advised of, let alone consented to, the transfer. Thus, the partnership still owns the Ratt name.
Pearcy, DeMartini and Croucier have also expelled Blotzer from the partnership. Blotzer thus has no further interest in the Ratt name and may now only refer to himself as a “former member of Ratt” as per the partnership agreement. DeMartini, Pearcy and Croucier look forward to continuing to tour as Ratt and thank their fans for all the ongoing support.”
It will be interesting to see how Blotzer reacts. Assuming that Blotzer has no recourse in terms of the findings against WBS, Inc. and based on the questions raised in the United States District Court’s decision of November 8, 2016, he may try to take the position that Pearcy and DeMartini resigned from the Ratt partnership in the past, which would oddly only leave Blotzer and Croucier in the Ratt partnership.