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Kim Zolciak and Kandi Burruss are battling it out in court over the rights for 'Don't Be Tardy'.

Kandi, who sympathizes with all of us in declaring the song a national embarrassment, wants it permanently removed from the airways. But Kim, who doesn't exactly have a job (except makin' babies!), is fighting to keep it on iTunes claiming she has already "over-paid" Kandi for her services and that Kandi isn't even the real songwriter. We know that's a lie!

At the true root of the argument, however, is the friendship betrayal between the Real Housewives of Atlanta stars. Kim filed a Motion To Dismiss the suit claiming among other things that Kandi was using the lawsuit for publicity and fame. Well Kandi is striking back! 

CONTINUE READING FOR KANDI'S SIDE!

LA LATE obtained court documents that reveal the details about the lawsuit. First of all, Kandi has dropped the suit against TuneCore, the company distributing the song to iTunes and other outlets, and is now exclusively suing Kim. And adding to the suit for improper licensing and unpaid royalties/production fees, Kandi accuses Kim of attempting to slander her reputation 

In the 14-page brief which contests the Motion to Dismiss, Kandi's attorney Ms. Phaedra Parks calls Kim a "novice" who participated in "shameful offense" and "accusation" against a "friend". That's a fancy way of saying exploited their friendship and took advantage of the relationship to avoid payment. 

In response to Kim's accusations that Kandi is using her fame, Phaedra directly points out the hypocrisy of that claim given that Kandi was famous long before Kim or RHOA came into the picture! Phaedra explains that's like the  “pot calling the kettle black” and that Kim has no right to file a motion to dismiss – especially given that Kim is the one using both the song and its title in her personal spinoff Don't Be Tardy! Ouch – and true! 

“Throughout much of her Motion, Defendant Zolciak-Biermann makes the patently false and hugely ironic claim that the lawsuit is a mere publicity stunt for Plaintiff Burruss’ new television show. However, Defendant Zolciak-Biermann claim is a classic case of the proverbial ‘pot calling the kettle black,’ as Defendant Zolciak-Biermann is the one who chose to use the disputed work as the title and theme song for her new show, which premiered a week after Plaintiff Burruss’ show.” 

As for Kim's accusations that Kandi needs money, attempted to over-charge her for the services rendered, and is not smart about managing her career; the brief also tackles those claims!

Defendant Zolciak-Biermann continued to make accusations, privately and publicly, that Plaintiff Burruss had somehow taken advantage of Defendant Zolciak-Biermann and her novice status in the music industry.“

Kandi is attesting that these statements, made on a public platform, could be potentially damaging towards her professional reputation. 

“Being a well-respected music industry veteran and Grammy-award winning producer and songwriter, Plaintiff Burruss took great offense to that accusation, especially coming from a friend.”

Speaking out in defense of Kandi is "Tardy For The Party"'s co-composer and songwriter Blade. He is one of four composers listed on the official record. 

 “Well of course Kandi wrote the lyrics. I made the music. Don Vito was friends with Kandi and he and I had a working relationship at that time so he was somewhat of a middle man for the whole thing," he explains on how the song came together.

"To be honest, I’m not really sure what Kim contributed as a composer/songwriter, if anything at all, but things work out that way sometimes. I know she definitely didn’t compose anything because that was what I brought to the table.”

[Photo Credits: Derek Blanks/Bravo & Alex Martinez/Bravo]

TELL US – WHAT DO YOU THINK OF THE LATEST? DOES KANDI HAVE A CASE? IS KIM A SHAMEFUL HYPOCRITE AND USER?

 

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