Not semi-charmed after all
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Ousted Third
Eye Blind guitarist/co-songwriter Kevin Cadogan's
multi-million dollar lawsuit (against his former band
members, management, attorneys and record label) is
scheduled to begin its hearing in federal court in Oakland
on Friday. Originally filed in June and amended in August,
his complaint, citing fraud, breach of contract and
violations of federal statutes governing trademark law,
will be heard before U.S. District Judge Claudia Wilken.
Third Eye Blind's
lawyer Tim Mandelbaum, one of the defendents, has already
filed motions to dismiss or transfer the case, while the
band has filed motions for dismissal for several counts of
the suit as well, claiming the case was brought forward
after the statute of limitations for fraud had run out.
Cadogan's
complaint, which claims that Third Eye Blind frontman
Stephan Jenkins and his co-defendants unlawfully exploited
his intellectual property in violation of federal and
common law, revolves around a dispute over partial
ownership of the band. "We had incorporated the band,
and I was promised fifty percent. I was promised a
production role," Cadogan told RollingStone.com
in June. "I was told I was signing a record contract,
but the contract was tricky and cleverly worded, and it
wasn't what I thought I was signing. When I found out that
the document gave one hundred percent of the ownership
rights to Stephan, that's when the conflict started."
Documents backing
up Cadogan's claim are posted on his Web site (www.kevincadogan.com)
in addition to the cover letter for his complaint. "A
victory in this case would ensure artists' rights,"
he said. "I'm fighting for my rights. I don't see
royalties, because they're sent to Third Eye Blind, Inc.,
which is Stephan. Record companies shouldn't be allowed to
do this. It's old-fashioned theft."
Cadogan shared
songwriting credit with Jenkins on sixteen of the band's
twenty-seven songs on Third Eye Blind's two albums, 1997's
self-titled debut and 1999's Blue. He also shared a
win with Jenkins for Outstanding Songwriter at the
California Music Awards in April.
A spokesperson for
Elektra Records had no comment on the suit.
JENNIFER VINEYARD
(November 2, 2000)
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