Frankie suing Jim! Here we go.

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Frankie suing Jim! Here we go.

Postby Slander » Thu Jan 14, 2016 4:36 am

Okay maybe this explains why tour dates have been canceled recently.

http://www.chicagotribune.com/business/ ... story.html
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Re: Frankie suing Jim! Here we go.

Postby Mikele » Thu Jan 14, 2016 4:54 am

Thanx for reporting this.
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Re: Frankie suing Jim! Here we go.

Postby Slander » Thu Jan 14, 2016 5:01 am

original members of the iconic Chicago rock group Survivor, best known for the 1982 hit "Eye of the Tiger" from the movie "Rocky III," are rising up for a court fight over use of the band's name.

Guitarist Frank Sullivan, who started Survivor in 1977, filed suit in Chicago federal court Monday against co-founder James "Jim" Peterik for using the trademarked Survivor name without permission.

Sullivan and Peterik signed an agreement in 1995 granting Survivor Music exclusive use of the Survivor name. In 1996, Peterik "voluntarily departed" from Survivor, assigning all of his rights to use the band's trademarked name to Sullivan, according to the lawsuit.

Since that time, Sullivan has continued to perform and record as Survivor, touring as recently as two years ago until the August 2014 death of leader singer Jimi Jamison of a heart attack. Jamison joined Survivor in 1984, replacing Dave Bickler, lead singer on "Eye of the Tiger" and several other hits, who left the band at its height after developing polyps on his vocal cords.

The suit alleges that Peterik has illegally continued to use the Survivor name since departing the group, including promoting his solo career with the description "co-founder of Survivor" and subtitling his autobiography "The Rock 'n' Roll Life of Survivor's Founding Member."

Peterik, 65, who lives in the southwest suburbs, has a long history in Chicago rock music, dating to The Ides of March, which had the 1970 hit "Vehicle."

Bob Bergland, an original member of The Ides of March and Peterik's manager, said attorneys were reviewing Sullivan's lawsuit, and he declined further comment.

The five-count lawsuit asks that Peterik be ordered to stop using the Survivor trademark, "publicly acknowledge" that his goods and services are not connected with Survivor and deliver to the court all products under his control bearing the Survivor trademark for destruction.

The suit is seeking unspecified damages and all profits received by Peterik "as a result of his unlawful action."
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Re: Frankie suing Jim! Here we go.

Postby TageRyche » Thu Jan 14, 2016 9:25 am

Is there nothing that anyone can do to stop sullying the name of this band?

I'm sick and tired of hearing about Survivor only in terms of whining, bitching, suing and a lack of new material.

Honestly, the trademarks should be held in trust by a neutral third party and no one gets to use it.
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Re: Frankie suing Jim! Here we go.

Postby Journey/Survivor » Thu Jan 14, 2016 10:08 am

Frankie Sullivan is a total ass-clown

Always remember that I honestly consider the guy to be a massively underrated music talent!!!

But as a a human being he's a total ass-clown.

As a human being he is one of the biggest jokes in the Rock world.

You're soon to turn 61 years old, Frankie. It's long past due that you grow up.
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Re: Frankie suing Jim! Here we go.

Postby Mikele » Thu Jan 14, 2016 5:09 pm

Well its his right and also, in a sense, obligation to do that. When you own a trademark and you don't protect it you can devalue it or even lose it. So, this against Jim was a due act.
Apart from that, I don't consider Frankie an asshole. My opinion is that he's just so egocentric and egoistical that he never considered us fans
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Re: Frankie suing Jim! Here we go.

Postby TageRyche » Thu Jan 14, 2016 10:10 pm

The only problem is that by consistently doing nothing of consequence with the band, Frankie devalues the trademark all on his own.
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Re: Frankie suing Jim! Here we go.

Postby Mikele » Thu Jan 14, 2016 11:06 pm

TageRyche wrote:The only problem is that by consistently doing nothing of consequence with the band, Frankie devalues the trademark all on his own.


You're right Tage, unfortunately though he's devaluing it only in our eyes, the true fans of the band.
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Re: Frankie suing Jim! Here we go.

Postby jaxmanjoe » Fri Jan 15, 2016 5:18 am

I posted this on a Facebook post Joe Vana put up with a link to the lawsuit article. I wanted to repost it here for those who didn't see it on Facebook. I did a little venting:

The Survivor website ha been counting down for months and we all watched as it hit zero...then started counting up. Nothing happened.

I love Frankie as an artist but he has dragged Survivor fans down a path of disappointment after disappointment. He has been a poor steward of the Survivor brand. One album in the last twenty years. Live shows dominated by self-indulgent guitar solos (20 minutes of an hour show!). Teasing us about new material and the latest failed web countdown. Jim Peterik is the only person promoting the brand of Survivor whether or not he had permission. Frankie should be thanking Jim for keeping the name alive because Frankie keeps hammering nails into this band's coffin.

Every time Frankie starts to feel irrelevant he sues someone as if it's someone else's fault he can't seem to do anything meaningful with the Survivor brand.

God, I'm through defending Frankie. He needs to produce some new material AND RELEASE IT and quit dangling a now rotting carrot in front of our noses.

How many songs/albums does he have that are just rotting on a shelf or hard drive somewhere because he can't be bothered to do something for those of us who have stood behind him for decades now?

An artist who doesn't create any new art isn't an artist any more. Survivor has been relegated to being a tribute band to their own aging music.

Okay. Rant over.
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Re: Frankie suing Jim! Here we go.

Postby Journey/Survivor » Fri Jan 15, 2016 10:22 am

jaxmanjoe wrote:I posted this on a Facebook post Joe Vana put up with a link to the lawsuit article. I wanted to repost it here for those who didn't see it on Facebook. I did a little venting:

The Survivor website ha been counting down for months and we all watched as it hit zero...then started counting up. Nothing happened.

I love Frankie as an artist but he has dragged Survivor fans down a path of disappointment after disappointment. He has been a poor steward of the Survivor brand. One album in the last twenty years. Live shows dominated by self-indulgent guitar solos (20 minutes of an hour show!). Teasing us about new material and the latest failed web countdown. Jim Peterik is the only person promoting the brand of Survivor whether or not he had permission. Frankie should be thanking Jim for keeping the name alive because Frankie keeps hammering nails into this band's coffin.

Every time Frankie starts to feel irrelevant he sues someone as if it's someone else's fault he can't seem to do anything meaningful with the Survivor brand.

God, I'm through defending Frankie. He needs to produce some new material AND RELEASE IT and quit dangling a now rotting carrot in front of our noses.

How many songs/albums does he have that are just rotting on a shelf or hard drive somewhere because he can't be bothered to do something for those of us who have stood behind him for decades now?

An artist who doesn't create any new art isn't an artist any more. Survivor has been relegated to being a tribute band to their own aging music.

Okay. Rant over.


Great post! Totally accurate too!
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Re: Frankie suing Jim! Here we go.

Postby Journey/Survivor » Fri Jan 15, 2016 10:51 am

Frankie Sullivan is like the kid at the park who doesn't like the game that's being played or the kids he's playing with, so he goes home and takes the ball with him so that the other kids can't play with it either.

I've mentioned some of these things before, and I don't mean to bore any of you with the same old info. But here goes.....

I used to get to hang out with Jimi and his band after a lot of his shows. Jimi used to tell me about some of the shit that Sullivan would pull. Some of it I still choose not to post on the internet, but I'll mention one of the lesser examples.

One time in the mid to late 1980's Survivor showed up at a hotel to get rooms in one of the cities that they were playing in. When they got there they were told that the hotel did not have any rooms available. I'm unclear on whether or not they had booked rooms at the hotel ahead of time, or if they just hoped to get some rooms without reservations? However, Frankie started berating the hotel employee who was working at the front desk. Frankie started into an arrogant "Do you know who I am?" rant.

On another occasion I was at a show with six of my friends that Survivor were playing. Tickets to that show were only $5. In addition to the seven of us, there were a total of seven other people in attendance. At one point between songs, a friend of mine started yelling out "Slander" in hopes that the band would play it. My friend yelled out "Slander" a second time, and Sullivan turns away from the microphone and says "shut the fuck up asshole" in regards to my friend yelling out a request . Sullivan then said "it's like playing in a fucking bar."
There are a total of 14 people who bothered to attend their show even though it was only $5 a ticket, and that asshole Sullivan is calling a fan (Who was also wearing a Survivor t-shirt at the time) an asshole for yelling out a request.
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Re: Frankie suing Jim! Here we go.

Postby Journey/Survivor » Fri Jan 15, 2016 12:51 pm

Perhaps Frankie has a case against Peterik from a legal standpoint. I understand when Frankie and Jim were not happy with Jimi for touring under the name Survivor.
But for Frankie to sue Jim over him being listed as being a "Former member of Survivor" or being the "Founding Member of Survivor" is ticky-tac to say the least.

It's ridiculous to think that Jim shouldn't be allowed to list himself as having been formerly of Survivor. That's not even close to listing your band as being Survivor.

The only people who care about Survivor anymore are the diehard fans. And we all already know the past history of the band, and the current state of the band. Frankie isn't fooling anyone.
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Re: Frankie suing Jim! Here we go.

Postby Mikele » Sat Jan 16, 2016 3:15 am

Journey/Survivor wrote:The only people who care about Survivor anymore are the diehard fans. And we all already know the past history of the band, and the current state of the band. Frankie isn't fooling anyone.


Right.
I don't bother to further comment on the legal stuff...I don't really care and I don't think is of any relevance really. I am much more bothered about the false promises that keep coming to us. And ALSO, what the fuck had happened with mighty Marc?? It's time to set it straight
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Re: Frankie suing Jim! Here we go.

Postby Journey/Survivor » Sat Jan 16, 2016 8:51 am

Mikele wrote:
Journey/Survivor wrote:The only people who care about Survivor anymore are the diehard fans. And we all already know the past history of the band, and the current state of the band. Frankie isn't fooling anyone.


Right.
I don't bother to further comment on the legal stuff...I don't really care and I don't think is of any relevance really. I am much more bothered about the false promises that keep coming to us. And ALSO, what the fuck had happened with mighty Marc?? It's time to set it straight


My GUESS is that it's one of these two things, or even a combination of the two.....
I think that either Frankie cared more about having his son in the band than to have one of the best Rock drummers in the business, and therefore he replaced Marc with his son.
Or, Frankie screwed over Marc in some way, which is also highly likely. After all, he screwed over everyone else that was ever in Survivor.

Another funny thing about that D-Bag Sullivan suing Peterik over the name Survivor is that it was Peterik that came up with the name Survivor for the band.
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Re: Frankie suing Jim! Here we go.

Postby Abitaman » Sun Jan 17, 2016 12:11 pm

UNTIL THEY RELEASE A NEW CD, SURVIVOR IS DEAD
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Re: Frankie suing Jim! Here we go.

Postby Mikele » Mon Jan 18, 2016 11:02 pm

I think a cd/lp of new songs is out of the question. FS said recently that they are totally capable of doing a great record right now, and I am 100% convinced, honestly. But it wont happen.
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Re: Frankie suing Jim! Here we go.

Postby Journey/Survivor » Tue Jan 19, 2016 4:41 pm

Look at how many Rock stars have died recently.
Whether he realizes it or not, Frankie may be getting toward the end of his career soon. There are no guarantees that he'll live all that much longer. I hope that he does still live many more years, but you never know.

Instead of Frankie spending the final moments of his career being creative and making music, he is instead determined to spend the final moments of his career suing people and pissing off fans. It's truly sad!
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Re: Frankie suing Jim! Here we go.

Postby Abitaman » Thu Feb 18, 2016 7:56 am

I have all the Survivor, Jimi and Jim Cds too. And if you listen to JP cds, even Pride of Lions, you hear a lot of the Survivor sound in there. JP is a good singer, but is voice is not the "Survivor" voice, his songs still sound like Survivor with him on lead.
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Re: Frankie suing Jim! Here we go.

Postby Eyeof » Wed Mar 09, 2016 11:32 pm

Maybe someone could sue Sullivan back for being a f@cking moron and a lifelong a$$hole...
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Re: Frankie suing Jim! Here we go.

Postby Journey/Survivor » Thu Mar 10, 2016 8:36 am

Eyeof wrote:Maybe someone could sue Sullivan back for being a f@cking moron and a lifelong a$$hole...


I know. I've thought the same thing. The government should go after Sullivan for all of the frivolous lawsuits that he has filed.
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Re: Frankie suing Jim! Here we go.

Postby def » Tue Nov 29, 2016 8:27 pm

Has anyone ever heard how the las suit is going on. Has it been settled? Scanned the web, but did not find any news...
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Re: Frankie suing Jim! Here we go.

Postby Ehwmatt » Tue Dec 06, 2016 11:26 pm

def wrote:Has anyone ever heard how the las suit is going on. Has it been settled? Scanned the web, but did not find any news...


There was a settlement conference on 9/8 that will be continued on 12/12. Publicly, not much has happened on the court docket (although behind the scenes I'm sure the parties have been conducting written discovery and probably depositions). No motions for summary judgment or anything like that have been filed.
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Re: Frankie suing Jim! Here we go.

Postby Abitaman » Sat Jun 03, 2017 12:20 am

Any update?
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Re: Frankie suing Jim! Here we go.

Postby Ehwmatt » Tue Jun 06, 2017 10:21 am

Abitaman wrote:Any update?


They settled. The entire settlement agreement isn't publicly available, but the stipulation of dismissal the parties jointly filed after entering into the settlement agreement gives a little insight into what Peterik agreed to do. Specifically, he can use "Formerly of Survivor" on promotional materials, but he only under these conditions: (1) he must reference at least two other bands he is or was affiliated with; and (2) the Survivor reference can't come first or be more prominent than the references to the other two acts. No idea if any money changed hands or what other terms there might be.

Here's the excerpt from the Feb. 7, 2017 stipulation of dismissal:

The parties have entered into a Settlement Agreement which provides for the resolution of this Action without further litigation. The Settlement Agreement provides, inter alia, that Peterik may use the phrase “FORMERLY OF SURVIVOR” (the “Pre-Approved Phrase”) in and in connection with advertising or promotion without seeking further approvals from Plaintiffs provided: any such use also includes reference to at least two other musical acts with which Peterik is currently or has been affiliated or associated (each, an “Other Act”); in no instance shall the phrase “FORMERLY OF SURVIVOR” be the first musical act referenced in any such advertising or promotion; in no instance shall the Pre-Approved Phrase be displayed more prominently than the required two Other Acts; and in no instance may the Pre-Approved Phrase be displayed more
prominently than the billing or marquee associated with a performance.
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Re: Frankie suing Jim! Here we go.

Postby def » Wed Jun 07, 2017 7:55 am

Now FS can be really proud. What an achievement! Hopefully he stays on his lawyer's bill and made to pay some of JP 's expenses due to this Insane lawsuit.
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Re: Frankie suing Jim! Here we go.

Postby RockInDetroit » Tue Jul 25, 2017 3:38 am

Survivor is dead. It's either Peterik or Sullivan. But I hardly consider what either of these guys do Survivor. So if I see "Survivor" coming to my town...no dice...it is not Survivor. The band is over they can do whatever they want but I do not recognize them anymore.

The sad thing is there are enough Survivor former band mates that they could put together the original Survivor, but it will never happen and with out that who really cares.
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Re: Frankie suing Jim! Here we go.

Postby Eyeof » Tue Jul 25, 2017 6:28 am

What a damn idiot....
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Re: Frankie suing Jim! Here we go.

Postby scarab » Tue Jul 25, 2017 8:26 am

so now survivor is touring with the Rascals? A 60's band?
and a couple of 70's bands with little to none originals members... fitting
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Re: Frankie suing Jim! Here we go.

Postby Journey/Survivor » Tue Jul 25, 2017 8:52 am

RockInDetroit wrote:Survivor is dead. It's either Peterik or Sullivan. But I hardly consider what either of these guys do Survivor. So if I see "Survivor" coming to my town...no dice...it is not Survivor. The band is over they can do whatever they want but I do not recognize them anymore.

The sad thing is there are enough Survivor former band mates that they could put together the original Survivor, but it will never happen and with out that who really cares.



I'm pretty damn disappointed that Peterik hasn't gotten together with Bickler, Drobay and Ellis to do a new Survivor-like album.
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Re: Frankie suing Jim! Here we go.

Postby Journey/Survivor » Tue Jul 25, 2017 8:56 am

I went on "Survivor's" website about a week ago. It was the first time that I visited that website in over a year. All of their "recent news" is from 2016. And that was barely anything.
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