The frontman of reunited U.S. rockers The Calling is suing the band's co-founder in a bid to prevent him from wrecking comeback plans.
Alex Band is on the verge of landing a new record deal for the group, but first he has to sever all ties with guitarist Aaron Kamin, who he claims hasn't been part of the act for years.
And he wants to make sure his former bandmate cannot interfere with The Calling's future after the guitarist allegedly expressed concern that fans would "suffer confusion" when they attended concerts and learned he was missing from the line-up.
Band insists Kamin has been an absent member of the group for years, refusing to tour with the band and creating problems in the studio, so he has been replaced.
The Calling made it big with their hit song Wherever You Will Go in 2001, but announced four years later that they were going on an "indefinite hiatus". Now Band is keen to revive the group's fortunes.
He filed a lawsuit in a California federal court on Thursday (31Oct13), stating that Kamin "essentially disappeared from the public eye" and therefore any trademark rights Kamin held have effectively been abandoned.
Documents obtained by The Hollywood Reporter read: "After performing on some initial shows, Defendant withdrew from the group and from its tour. Defendant was replaced with another guitarist... and Plaintiff continued on a global tour for many months as The Calling."
The lawsuit also states that Kamin was invited to work on the band's second album, but refused to write and record with Band, and even "confessed he was not interested in continuing on with the group," just before the release of the record.
Band is seeking a judicial declaration stripping Kamin of his rights to the group's name.
The news of the suit comes just over three months after Band hit the headlines when he was abducted, beaten and abandoned following a festival appearance in Michigan.