Burruss has filed the lawsuit alleging copyright infringement of the hit song, “Tardy For The Party.” To make the situation even more drama fueled, Burruss is being represented by fellow housewife Phaedra Parks.
According to the legal documents, the lawsuit was filed in Atlanta on March 12. It states that Kandi Burruss wrote “Tardy for the Party” for Kim Zolciak.
The documents then stated, “Without Plaintiffs’ authorization, license or consent, Plaintiffs’ Sound Recording embodying a performance of Plaintiffs’ Composition was commercially released as a single record on or around, September 29, 2009 by Defendant TuneCore in agreement with Defendant Zolciak.
“Defendants marketed and sold the Infringing Single in various formats (e.g., compact disc, downloadable audio track, DVD, etc) and through various websites, all without Plaintiffs’ license, consent or authorization.”
In addition, the lawsuit is demanding Zolciak supply them with an accurate accounting of the profits made from the sale of the single. Rodney Richard, who is another songwriter that helped with the song is also suing Kim Zolciak.
In her October 13, 2010 Bravo blog, Kandi Burruss wrote about the situation regarding the song. “I hardly got anything from Tardy for the Party. That is the truth. I am not mad about it. I really blame myself because I didn’t handle my business correctly.”
Kandi Burruss is asking the court to grant a temporary restraining order immediately to prevent future sales of the single. She also wants a court order requiring, “destruction of all copies of the Infringing Single and any other product of Defendants that infringe Plaintiffs copyrights.”
Burruss and the plaintiffs’ are seeking punitive damages, attorneys feel and a jury trial.
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