The saga of the one-hit wonder continues… Unfortunately.
In her attempt to get Kandi Burruss' 'Don't Be Tardy' lawsuit against her thrown out of court, Kim Zolciak is taking on Kandi's lawyer Phaedra Parks and asserts that Phaedra has failed to prove that Kandi has sufficient rights to the material in question. She filed a Motion To Dismiss suggesting that Kandi has no grounds to file a suit for material that she has no copyright for.
In paper's filed by Kim's legal counsel she attests that: “Nowhere in Plaintiffs’ Complaint is it asserted that Kandi Koated Entertainment, Inc. is an owner or an assignee of any copyright interest in the Composition or the Sound Recording”.
The Real Housewives of Atlanta star of course believes otherwise. Kandi is not the sole party in the lawsuit so it is unclear if Kim believes none of the plaintiffs involved have rights to the copyright.
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In Kim's Motion To Dismiss, obtained by LALATE, she declares that Phaedra did not respond to a brief they filed, and cites this as further grounds that the lawsuit is invalid. “This deficiency was noted in Defendant Zolciak-Biermann’s Brief in Support of Her Motion to Dismiss and it was not disputed in Plaintiffs’ Opposition Brief to the same.”
Kim also calls into question whether or not Kandi's company Kandi Koated Entertainment has the right to the song. “Further, Plaintiffs’ Opposition Brief states the copyright interest in the Sound Recording purportedly owned by Plaintiff Burruss and Plaintiff Richards has never been transferred, thus, Plaintiff Kandi Koated Entertainment, Inc. has no legal interest in the Sound Recording at issue and has no basis for stating claims against Defendant Zolciak-Biermann for alleged infringement of the same.”
Based on these grounds, Kim believes she has a case to get the suit thrown out in court. “Therefore, even if the court elects not to grant Plaintiffs’ Motion to Dismiss in its entirety, all claims brought on behalf of Kandi Koated Entertainment, Inc. must be dismissed.”
Kandi already dropped her suit against TuneCore the company who was distributing the song online to outlets such as iTunes. Kandi is seeking to have the song permanently removed from online media and be permanently rendered unavailable for sale. Another producer of the song commented that the Don't Be Tardy star didn't contribute at all to the writing and production of the song.
A judge has yet to rule on the matter.
[Photo Credit: BravoTV.com]
TELL US – DOES KIM HAVE GROUNDS FOR A MOTION TO DISMISS?