There's Going To Be Hell To Pay

Ozzy Files Suit Against Iommi For Control of Black Sabbath Name

From Gibson.com

Attorneys for legendary rocker Ozzy Osbourne have filed a lawsuit against the singer’s longtime Black Sabbath bandmate, Tony Iommi, alleging the guitarist has illegally assumed sole ownership of the band’s name and trademark.

In the suit, which was filed this week with the U.S. Patent and Trademark Office in a Manhattan federal court, Osbourne seeks a 50 percent interest in the Black Sabbath trademark, in addition to a portion of Iommi’s already generated profits from his use of the name.

The suit may stem, in part, from Iommi’s own filing against Live Nation in December 2008, alleging the concert promotion company continued to sell merchandise bearing the Black Sabbath name and logo despite the expiration in 2006 of a merchandising agreement between the two parties. Iommi apparently reclaimed the band’s trademark following the termination of that agreement.

Osbourne is also claiming that his “signature lead vocals” are the main reason for Black Sabbath’s “extraordinary success.” In making his case, Osbourne specifically claims that the band’s popularity tanked during his absence from 1980 to 1996. During that stretch, singer Ronnie James Dio assumed the majority of lead vocalist duties for the band.

Iommi is currently involved with several Black Sabbath alumni under the name Heaven and Hell, a lineup that currently features Dio on vocals, longtime Sabbath bassist Geezer Butler and on-again, off-again Sabbath drummer Vinny Appice.

Heaven and Hell are currently on the road in Europe promoting their latest release, The Devil You Know. They return stateside on Aug. 8, with a date at the WaMu Theater in Seattle, Wash., and continue with 13 other U.S. dates through the end of August.

At press time, neither Iommi nor his representatives had responded to Osbourne’s lawsuit.