Saturday, March 16, 2013

Kim Zolciak Reponds to Kandi Burruss' Lawsuit Over 'Tardy for the Party' Song


AceShowbiz.com:
Kim Zolciak fires back at former "The Real Housewives of Atlanta" co-star Kandi Burruss who accuses Kim of unlawfully licensing, distributing and selling "Tardy for the Party", a song Kandi co-wrote. Kim calls Kandi's copyright infringement lawsuit a sad cry for attention.

Kandi and songwriter Rodney Richard claimed they were denied royalties of the dance track Kim released in 2009. In the lawsuit filed Tuesday, March 12 in U.S. District Court in Georgia, they asked Kim to provide a complete accounting of all "substantial profits and ill-gotten gains" from the single.

E! News reports the plaintiffs are seeking an injunction preventing all further sales of the song, all the money they feel Kim owed them, as well as damages for copyright infringement, unauthorized use/unjust enrichment and accounting/constructive trust.

In response, Kim tweeted in a series of messages, "I don't owe kandi a dime in fact I overpaid her! #fact #gotthedocstoproveit. If I owed her money why did she do another song! #GTFOH. Kandi tried to pull the song down in Dec on iTunes but after I showed documents and proved points song was immediately put back up."

She added in a statement to TooFab, "This is nothing short of a publicity stunt, I find this lawsuit funny yet sad. Coming after me now and this song is 4 years old? I have in fact overpaid Kandi and have documents to prove it and my legal team will handle this accordingly."

Her lawyer Darrell Miller echoed her statement, "I cannot imagine it�s anything more than a publicity stunt as it doesn�t appear to be enough money at issue to make a case."

Kandi is a former Xscape member whose songwriting credits include TLC's "No Scrubs" and Destiny's Child "Bills, Bills, Bills". She is having a new reality show "The Kandi Factory" coming up soon.

Kim is also gearing up to premiere "Don't Be Tardy for the Wedding", a spin-off show after leaving "Real Housewives". Premiered April 16, it documents her wedding preparations with then-fiance, Atlanta Falcons American football player Kroy Biermann. 
Honestly, I think there's more than one reason Kandi is finally suing Kim. For starters, Phaedra Parks (who is representing Kandi in her lawsuit) and Kandi have become BFF's outside RHOA, so I could see Phaedra getting in Kandi's ear about doing some research and getting some loot. Then too, there's Kim's ignorant-ass comment about Kandi's neighborhood (and house) made early in this season's RHOA--a comment that just begs for some payback and a comment that pretty much ended what was left of Kim and Kandi's "friendship". Also, Kim Zolciak is a habitual liar. And lastly, royalties covers everything including money made from shows and record sales, mechanical (production) rights, sales of sheet music and synchronization rights. I don't think Phaedra and Kandi would waste their time if they didn't think Kim owed them something--esp. what with "Tardy" being a semi-hit. Plus too, didn't Kim admit on a recent reunion show that she still hadn't paid Kandi a dime for "Tardy for the Party"? Either way it's about time Kandi took the initiative to get what's owed her.

RELATED: Bravo Changes The Premiere Date For Kim Zolciak’s Spinoff ‘Don’t Be Tardy’! Kim Defends Against Kandi’s Lawsuit

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