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Posted on Jan 21, 2014 01:18 pm
Ex-Machine Head bassist Adam Duce is officially suing his former band on multiple counts, including the alleged trademark infringement, breach of partnership agreement, defamation and more.
As Courthouse New Service notes, Duce had quit the band because he was "sick of it," claiming that although Machine Head was formed as a partnership under which each member owned 25 percent, frontman Robb Flynn was the one getting the biggest cut.
"Despite their increase in popularity and touring revenue, plaintiff became concerned with how little income he was receiving, despite the time and hard work put in to developing the Band," the complaint reads.
"Despite plaintiff's expressed concerns, he was unable to make enough money to live within his modest means," the report adds. "Because of this, when the band was not touring, plaintiff supplemented his income as a licensed real estate appraiser."
Duce further claims that he was fired just before the new record deal was signed so the other members would make more money. Additionally, he pointed at Flynn for "directly attacking plaintiff's work ethic" through several online statements, such as "We may have fired Adam on 2-11-13, but Adam quit Machine Head well over a decade ago. He just never bothered to tell anyone ... but we all knew it."
The bassist also noted that no agreement was ever made about his share in the band's future royalties, adding that his former bandmates "simply kicked him out of the band and presumed he would forget about over two decades of hard work, dedication, and effort he put into the Band."
In conclusion, Duce is suing Machine Head for punitive damages for trademark infringement, breach of fiduciary duty, breach of partnership agreement, intentional and negligent interference with prospective economic relations, negligence, defamation and unfair competition, adding he also wants the band enjoined from using the Machine Head marks.
Adam parted ways with the group back in February 2013, as the band announced an "amicable split" in a brief surprising statement.