Guess Who Has Settled Bitter Legal Issues Over Band Name

It took nearly a 12 months – and one terribly drastic authorized measure – however the Guess Who has settled an argument over management of the band.

Traditional-era frontman Burton Cummings and co-founding guitarist Randy Bachman filed swimsuit in October 2023 towards unique members Jim Kale and Garry Peterson over false promoting claims. Kale and Peterson had continued to tour because the Guess Who even after Bachman after which Cummings departed. Finally, they each left the highway too, though followers had been nonetheless allegedly given the impression they’d see the creators of such radio favorites as “American Girl,” “No Time,” “These Eyes” and “Undun.”

Within the preliminary lawsuit, Bachman and Cummings described the trendy touring act as nothing greater than a “cowl band.” Cummings subsequently took issues one step additional, terminating the performing rights for these hits. Nobody, together with the present version of the Guess Who, can be allowed to sing their songs – and royalty funds from concert events, TV and film placements and radio performs abruptly stopped. The transfer was each unprecedented and efficient.

READ MORE: How the Guess Who Carried on After Randy Bachman

“It was painful, however we would have achieved it indefinitely simply to cease that pretend band from taking up our historical past,” Cummings tells Rolling Stone. “They took over streaming websites; they had been utilizing previous photographs of me and Randy. It will get me going enthusiastic about it, however that is over. It is a painful success. It price some huge cash with legal professionals and I gave up a whole lot of publishing cash, however we lastly received this horrible battle.”

Particulars of this new settlement weren’t launched, however Cummings and Bachman verify that shared trademark rights have now been labored out with Kale and Peterson after a prolonged mediation course of in Los Angeles. Cummings and Bachman each expressed reduction that this ugly standoff was over. Cummings is even speaking about touring once more.

“If there’s a group on the market calling themselves the Guess Who, it should have the lead singer who wrote the songs and the guitarist who made the riffs,” he mentioned. “It is going to have Bachman and Cummings in it. I say ‘if’ as a result of we don’t know. Randy has a whole lot of bookings and I’ve received solo gigs. What we do know is that Randy and I are glad as a result of there is not a pretend Guess Who on the market anymore.”

Who Owns the Guess Who Trademark?

The Guess Who apparently by no means filed a trademark for the band title throughout their turn-of-the-’70s glory years. Kale belatedly secured one in 1986, then started mounting excursions because the Guess Who. Peterson rejoined him within the late ’80s, although the remainder of the lineup frequently modified. Then Kale retired in 2016 and Peterson started enjoying extra sometimes, leaving the Guess Who with none direct connection to the previous.

It was a bridge too far for Cummings. “We’re making an attempt to protect the historical past and the legacy of the Guess Who for our followers all over who’ve adopted the actual band and the actual songs,” he mentioned.

What turns into of the group that had been calling themselves the Guess Who’s unclear. Their Fb web page has vanished. The band’s official account on X has been scrubbed of all content material besides a screenshot and hyperlink to protection of this settlement – and an older publish selling their most up-to-date album, 2023’s Plein D’Amour. Cummings mentioned the LP goes to be faraway from the Guess Who’s official discography, although Plein D’Amour stays on Spotify.

“I am not involved with the opposite band. Don’t even know who they’re. It would not matter to me,” Bachman mentioned. “If you’re a soccer participant, you are not enthusiastic about who will get traded for you whenever you get signed by a crew. So far as I do know, they have been incomes a residing for many years, buying and selling off the Guess Who names and enjoying the songs that Burton and I wrote, pretending they had been us.”