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Author Topic: On Going Queensryche legal battle in King County Superior Court  (Read 311678 times)

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Lucretia

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #1960 on: March 07, 2014, 12:33:24 PM »

Well, it's not. But I personally don't think it means he's getting some part of the name, necessarily. It could also mean he's delaying it as long as possible because he knows he isn't, and wants to use the name for as long as possible.
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New Reign

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #1961 on: March 07, 2014, 12:43:22 PM »

Well, it's not. But I personally don't think it means he's getting some part of the name, necessarily. It could also mean he's delaying it as long as possible because he knows he isn't, and wants to use the name for as long as possible.

I understand. I was separating the 2 opinions. I think he is going to wind up being able to use the name in some way. That said, I tend toward pessimism. :)
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Big Log

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #1962 on: March 07, 2014, 01:12:44 PM »

Tate's ability to use the name is all dependent on how hard of a stance the guys are taking.  Technically, based on their agreement, a former bandmember could use the name in advertising for a year (ala "Geoff Tate, Formerly of Queensryche").  I would not be surprised if Tate is fighting to get that year while the guys are arguing that he's been doing that for more than a year.  I suspect Tate is trying to take a hardline stance himself but it's not going to work.  Given his recent change in tone (somewhat), I think his resolve is crumbling a bit and he's probably come to the conclusion that he is going to fail.  Now he's trying to save some face.  He's also probably fighting hard to get a confidentiality agreement in place so that the guys can't tell the truth.

That said, I think this is all winding down.  Once they get a framework in place, they will have to dot the i's and cross the t's before anything is in place.  All of this will take time.  To put it in perspective, I'm in the process of buying a house and we're in repair negotiations right now.  The last hang up on the agreement is that the seller, for some reason, won't fix a simple issue with the water heater.  He's willing to fix another issue but the dangerous one (and probably cheapest one) he won't do.  I don't know why but that's how it is.  Negotiations can just get hung up on the simplest items.

Personally, I'm ready for Tate to go away so I'm ready for this thing to end.
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You can put out an album that says FU on the cover ... or you can put out an album that says FU because it kicks ass.  I'll take the latter.

Lucretia

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #1963 on: March 07, 2014, 01:23:37 PM »

Agreed fully, Big Log. Whomever gets the name will have to pay the other side off, and those kinds of monetary negotiations are neither quick nor easy. And regarding the Great White situation, we have no idea what their band agreement looked like, or if they even had one. QR has definite terms about what happens when a shareholder is terminated, which is why Tater was arguing the "wrongful termination" thing so hard core. I just don't see both parties getting to call themselves Queensryche, even if one is GT's QR, but that's just me.
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22 Acacia Ave

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #1964 on: March 07, 2014, 04:24:34 PM »

This is like a bad dream that never ends.
Just my opinion but this is not going to be over ANYTIME soon!
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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #1965 on: March 07, 2014, 04:36:10 PM »

But how is that different than a delaying tactic? Whether he ultimately plans to accept an offer or wind up in court where he might lose, he's just trying to push things out. And, as has been observed, even if he barely benefits by this, it hurts the guys and they know this. I respectfully submit the following analogy:
http://hereandnow.wbur.org/2014/02/04/jeopardy-arthur-chu

I fully agree with this! As if Geoff even cares about QR anymore! Why would he release a shitty album, FU, and tarnish the Mindcrime legacy with a bunch of crappy musicians? He has no desire to get his voice back in shape.

He is just trying to do AS MUCH damage as he can!
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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #1966 on: March 07, 2014, 05:57:51 PM »

Even if this is all just a cash grab, which I think it is, I can't see how he thinks he'll be able to sustain a living off of it alone.  He's got to find some other source of income and I don't see this Vomitville think becoming a cash cow.
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ahrayeph

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #1967 on: March 08, 2014, 06:54:10 PM »

Good point, TFS.

There is a possibility he's dragging things out because the vaudevillainy show isn't going to be the success - albeit small, given the size of the venue - they expected it to be. I mean, why would Vest, Miranda and Ames show up to do a Kinks cover on King 5 in March, when the show is in May? If tickets had been snapped up well, there would be no need to sell it on TV. And now that backfired in a big way, making even several hardcore Vest fans give up on him, he will have even more reason to drag the settlement out for as long as he can, for all the reasons mentioned in previous posts.

His only decent meal ticket is playing under the QR name, and he's become very aware of it, now that he's starting to realise all his other avenues are leading to dead ends. Hence his more subdued and conciliatory tone of voice last night on Trunk - in spite of his continued spinning (yeah, the press was to blame for this split to be so ugly. Riiiiight), and his backpedaling in recent interviews about parting ways on good terms. It's finally starting to dawn on Vest that his actions have very dire consequences and he's played it so dirty, QR won't let him have anything beyond what's reasonable and-nothing-more. He only has himself to blame for that, even though he'll never admit it, not even to himself.
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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #1968 on: March 11, 2014, 07:32:02 PM »

In a sad way, Tate's misuse of the QR name over the past year has made his bargaining position stronger. The longer this thing drags on, the more damage he does.

In the end, my prediction is that he'll get perpetual use of something like "Geoff Tate Formerly of Queensryche" or Geoff Tate the Voice of Queensryche." The old band agreement is no longer in effect, so its "one year" provision is not legally binding. I doubt he's going to be shut out entirely. In return, I'd guess his revenue participation in the corporation will be sunset-ed at some point, rather than continuing indefinitely. He'll probably get a lump sum payment up front plus a certain number of years of revenue participation. From the band's perspective, having him "off the books" at a certain point would be very beneficial.

And yes, this does muddy the waters a bit for QR going forward. If Geoff keeps some use of the name in his act, then I'd say QR needs to work hard to differentiate themselves from him (though that is outside the topic of this thread).
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Grendelsan

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #1969 on: March 11, 2014, 07:41:16 PM »

I think we're verging a bit away from the original intent of this thread, that is to discuss what's in the legal documents or to pose legal questions based on them or the logistics of the proceedings. Let's try to keep general speculation to a minimum here and refocus this thread on details of the legal proceedings. Thanks all.
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lmu2002

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #1970 on: March 12, 2014, 03:51:58 AM »

Is there a possibility that both parties refuse to pay the required money for the QR name? Sounds a bit silly but I'm not familiar with court rulings or law in general...
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Lucretia

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #1971 on: March 12, 2014, 06:14:44 AM »

As I understand it, they would have to dissolve the corporation and split up the assets, leaving no one the ability to use the name.
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Big Log

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #1972 on: March 12, 2014, 08:00:25 AM »

Is there a possibility that both parties refuse to pay the required money for the QR name? Sounds a bit silly but I'm not familiar with court rulings or law in general...

Well, if they can't reach a settlement, the case would go to trial and the judge would decide who gets to use the name (and how much it was going to cost to buy it out from the other party).  If the party that won the name refused to pay the value decided by the judge, the losing party would be able to move for an injunction preventing that party from using the name until payment was made.  Also, the winning party could be found in contempt of court and there could be ramifications from that (although I don't think that scenario is all that likely).
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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #1973 on: March 13, 2014, 05:05:15 PM »

Sorry, stupid question, but do know the deadline for the next court date? If it isn't settled out of court?
I thought it was early March here.

How many other people are checking this part of the forum EVERY day? Who just want this to be over?
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RoushRycher

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #1974 on: March 13, 2014, 05:49:16 PM »

I believe the next court date would be April 7, but that is the day the cruise starts.  So, if it's not settled out of court before then, I would guess they would need to move the date.
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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #1975 on: March 25, 2014, 06:01:58 AM »

Hopefully it's cool to mention this here but, apparently fakeryche cancelled their gig at Hellfest, which is June 20th. Hoping that means something good re: the lawsuit.
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AlamoCityRycher

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #1976 on: March 25, 2014, 06:34:50 AM »

Yeah, it does look like it might be a sign.

That said, let's be sure to keep the discussion centered on the court case lest we get too far off topic.
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Eddyspeeder

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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #1977 on: March 25, 2014, 03:49:47 PM »

Without going into speculation too much or going into wishful thinking, I would say 1 and 1 is 2.
  • There are just 13 more days to go before the trial. Time is running out.
  • We have seen no sign of a continuation request. The other continuations were granted 21 days (Jan 6 / Jan 27), 20 days (Jan 21 / Feb 10) and 20 days (Feb 11 / Mar 3) before the trial was scheduled, so another continuance would probably have been requested around March 18 and the legal documents arranging that should have surfaced by now.
  • For another continuance, the judge must be absolutely convinced that this time they are really close to a settlement. After all, on February 11, the lawyers of both parties indicated that they "are close to reaching a settlement". It wouldn't look very good if they came back five weeks later and said: "No, I mean, uh, we were like "close", right? But uh, you know, this time... well, we are really really close. Seriously you guys!"
  • Hellfest has been cancelled.
  • Cruise to the Edge has not been canceled even though to me, performing on a cruise ship off of the coast of Florida seems kind of difficult while you're sitting in a courtroom in Seattle.

What do you get if you multiply six by nine? Forty-two.
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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #1978 on: March 25, 2014, 04:35:42 PM »

Good observations, Eddy. Hopefully you're right and those are all signs that this is winding down.
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Re: On Going Queensryche legal battle in King County Superior Court
« Reply #1979 on: March 26, 2014, 08:58:58 AM »

How many other people are checking this part of the forum EVERY day? Who just want this to be over?

Several times a day.  :lol  Speaking from the criminal case side: it is usually quietest right before any plea is reached.  My last BIG-BIG case came down to how many months in Federal Prison he was going to serve.  The defense and AUSA (Assistant United States Attorney) were off by 42 days.  It came down to the morning of trial, after the jury had been selected.  Both sides were seated and ready to give opening statements when the defense leaned across and gave an offer and the AUSA accepted.

I feel that it is only the small things they are working out.  Heck, it could be over 1 word in the agreement that is delaying this.  Either way, I am confident by April 7th this will be over.

Now my 1 question is:  If this has already been settled, what is the closing paperwork that needs to be filed with the courts?  Would they just wait until the trial date to give the final draft to the courts?  Tate did cancel Hellfest and the cruise is still on.  I assume if a settlement has been reached, only the laywers would need to show up in court (maybe only 1 lawyer would show up) to deliver the documents.
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