Published Oct 24, 2011Poison aren't exactly the cutting edge of cool anymore, but that isn't stopping a Chicago band called Kid Rocker from trying to claim a piece of their legacy. The little-known group are taking the hair metal stars to court over claims that Bret Michaels and co. stole several of their songs.
The Poison songs in question are "Talk Dirty to Me," "I Won't Forget You," "Fallen Angel" and "Ride the Wind," Billboard reports. The weird part is that these tracks originally came out between 1987 and 1991, so Kid Rocker members Billy McCarthy and James Stonich have had more than two decades to come forward.
Kid Rocker were once signed to Atlantic Records and performed in Hollywood, where Poison rose to fame. The plaintiffs say that Poison guitarist C.C. DeVille once auditioned for their band, and he was lent studio master tapes. He subsequently joined Poison and, if McCarthy and Stonich are to be believed, took the songs with him.
In a lawsuit filed last Wednesday (October 19) in Illinois, McCarthy and Stonich are suing Poison, EMI Music and Capitol Records. In addition to damages, they are trying to stop Poison from ever performing the songs in question again.
There is typically statue of limitations on copyright infringement that allows for no more than three years between the claim and the time of discovery, so we'll have to see whether this lawsuit is considered legitimate. When asked why it took his clients so long to come forward, lawyer Daniel Voelker said it's a "good question."
Perhaps if this lawsuit doesn't work out, Kid Rocker can sue Kid Rock over the name.