DeMartini starts lawsuit against Blotzer
The dispute over drummer Bobby Blotzer‘s use of the Ratt band name continues as guitarist Warren DeMartini has now turned to the courts to stop Blotzer from continuing his former Bobby Blotzer’s Ratt Experience band under the moniker Ratt.
The Los Angeles Daily News has recently reported that DeMartini, a founding member of the 1980s rock band Ratt is suing another original member (Blotzer) alleging the latter is falsely advertising his tribute band as the real thing.
The news article states: “This case arises from the drummer of the rock band Ratt trying to take over the band and pawn himself and a cast of subordinates off as the genuine article,” lawyers for plaintiff Warren “Torch” DeMartini state in the lawsuit filed against Bobby Blotzer in Los Angeles Superior Court Tuesday… The suit alleges Blotzer, 56, is putting his interests ahead of those of the band. The complaint also seeks a court order directing Blotzer not to file further actions in the name of Ratt or its management company, WBS Inc., of which he and DeMartini are 50 percent shareholders. A representative for Blotzer could not be immediately reached. According to the suit, the four remaining members of Ratt disagree on whether the band should continue to tour together. Blotzer and some members have toured until recently in tribute bands, which do not violate any prior agreements, the suit states. However, Blotzer is now promoting his tribute band as if it is the actual group, the suit alleges.
“In essence, Blotzer wants to hijack the name and tour under the name Ratt,” the suit states. “Defendant Blozter intends to fool Ratt’s fans by touring with himself, a drummer, and a group of imposters calling themselves Ratt.” DeMartini believes that touring with “inferior substitutes” dilutes the value of the band and damages its credibility in the future, according to the lawsuit. On Sept. 3, over the objections of DeMartini, Blotzer held an annual WBS shareholder meeting in which he elected himself chairman of the board and president in place of the plaintiff, the suit states. Blotzer ignored a cease-and-desist letter from DeMartini’s lawyers and instead filed an unauthorized trademark infringement action against 56-year-old Ratt bassist, Juan Croucier, the suit alleges.”
Presumably, Blotzer will be filing a defence to the lawsuit and either an out of court settlement or a judgment from the court will be rendered in the months or perhaps even years to come.