New Lawsuit...

[Slander]

The Don't Fear The Reaper is at least as much of a cultural musical icon as Eye of the Tiger and Godzilla is pretty well-known too.

As a former DJ. Reaper and Godzilla are AOR Staples but not in the same class as Tiger when it comes to mass appeal. Tiger's staying power is stunning!

[Saint John]

Hey Axe.

My name is Dan, dude. And we know who owns the fucking trademark to the "Survivor" name. But you need to realize what that entails. He's not going to be able to do anything other than, at best, stop the way it's currently being used. I'll suck elephant balls through a straw if Frankie Sulking gets more than $1 out of this. You wanna make comparisons, eh? This is like a kid walking over your fucking grass and you trying to sue him for damaging the God damn blades. Do you have a case? Sure. But it also points to the fact that you're a colossal jackoff and that you're entitled to monies lost and damages incurred ... which is zero.

[Slander]

Hey Axe.

My name is Dan, dude. And we know who owns the fucking trademark to the "Survivor" name. But you need to realize what that entails.

Yawn. This is old territory you always want to walk down for whatever reason. Your fixation with anything Frankie Sullivan is wierd. Who are you Inspector Javert? Dan or whatever your name is find a hobby.

[axecrew]

Funny I don't see Blue Oyster Cult suing over the use of their name concerning Joe Bouchard, nor is The Romantics suing over their name being used concerning Wally Parmar. I don't think even slander can say that survivor is a bigger band than Blue Oyster Cult...can he? Face it, this is the only way sullivan can keep the band's name in the news anymore. Nobodies interested in their music as it stands. Yes great they "sold out" 2 shows near you in the seattle area slander terrific, you failed to tell us how many people"Sold Out" means.I could put together a band.

God Bless you AXE. You keep trying. The insults of Sullivan are a hoot and trite. No one is saying FS is perfect by any means but as always, you take shite to the extreme. Yeah acutally I would say that Survivor is bigger than Blue Oyster Cult, if you need to make the comparison. Yeah they sold out two shows at a popular casino where I live. Is it Wembley Stadium? No, but a pretty damn good turn out. As far as the brand name? It sells itself. Everyone knows the name period. Axe, Tiger is played every night at every stadium in the fuckin' USA. By the way that's Sullivan's guitar you hear right? Every night. Heard by thousands upon thousands of people. I would say that makes him and the band as relevant as hell! Damn even heard some Olympians use Tiger in Vancouver. It's not JJ voice I hear or JP's keyboards. It's Frankie's guitar! Having said that, it's not a diss at all on JP or JJ. These are just the facts. Then again AXE you never let facts get in the way.

Ok ty...lookI don't try to insult sullivan at all, he does a fine job of holding himself out there for ridicule with out my help. Not sure exactly what it is I take to extremes, but I find it funny that you "God Bless Me"...then can't type the word shit and in about 5 sentences later you are saying the word FUCK....man are you funny. Of course you would say that Survivor is bigger than BOC....but REAL music fans would say different and not look through the rose-colored glasses.Great they sold out 2 nights in a casino.....now the question is how many attendees were captive people? In other words people who were there to gamble and were compted the tickets or went with nothing else to do? Yes...everyone knows the name and when people on the street are ask what they think about survivor, they think you are asking about the TV show,try it sometime if you don't believe me
Tiger is played in "every stadium in america every night." direct quote from you...is this one of those"facts" or are you guilty of "taking things to an extreme."?No of course it's not a diss on Jim or jimi...why would it be a diss on Jimi since he never performed on the version that they use.And as for Jim...hmm....every version i've ever heard has the guitar part then the whole dant..dant dant dant which i believe is also Jim on keys and steph on bass....but again you keep true to those "facts" you talk about.
Are you sure some Olympians used tiger at vancouver...and they did this without sullivans permission i'm sure otherwise we'd have heard what a great humanitarian he is...hmmm.... I smell a lawsuit for the public performance of the song without the express written consent of the artist. So tell me TY what facts have i obviously ignored or pushed out of the way.....after all since you leveled that charge i'm sure you can back it up with, you guessed it, facts.

[Joe Vana]

Funny I don't see Blue Oyster Cult suing over the use of their name concerning Joe Bouchard, nor is The Romantics suing over their name being used concerning Wally Parmar. I don't think even slander can say that survivor is a bigger band than Blue Oyster Cult...can he? Face it, this is the only way sullivan can keep the band's name in the news anymore. Nobodies interested in their music as it stands. Yes great they "sold out" 2 shows near you in the seattle area slander terrific, you failed to tell us how many people"Sold Out" means.I could put together a band and sell out a show, but if i only make available 20 tickets...... Truth be known all this will end up being is another embarrassing chapter in the survivor saga, like suing the show survivor....which is infinately bigger than the band ever was or will be,All he is doing is embarrassing himself and the band by suing for the use of the name survivor in an ad for a CHARITY concert...you know one where the artist donates his or her time and talents...what has sullivan ever donated? And if you have no specifics please don't answer the question..got it? Guesses and vague ..heard from a friend who heard from the janitor at a local bar doesn't mean shit. Lets face it....he is already over a year late on that new album promise...only to be teased by this "new project" that he wouldn't even call a survivor album...then it comes out that poor joe hasn't even seen frankie for months and has been effectively closed out of the survivor inside(guess he got what he needed..sullivan that is)and has been abandoned on his Mecca album so to speak, now we are told oh well songs are being sent to be mixed. Really....they've been mixing for longer than it takes def leppard to release an album. Could it be that the reason is they have no label to distribute the album? And they are hoping to take some time and maybe a label will step up at that point.

Hello Axe....Guys...

I was going to stay away from this, but since I was brought up I thought I would just add a bit....

Trademarks are a slippery slope, they need protecting, but to what degree....it is completely up to the owner of the mark...as in Survivor that would be Frankie Sullivan, 100%. He and only he owns the mark, and he has millions of reasons to protect that mark. "Tiger" is one of the 5 most licensed songs in music history....it brings substantial income to may people besides JP and FS.....namely their families and such as well....they made music to fulfill a passion, and in the end, ended up in the music BUSINESS....This is not about a lawsuit, it is about protecting a lets say widget....this widget was the culmination of alot of peoples blood sweat and tears, and must be protected....when abused, it must be defended.....yes, some lawyers might suck (my best friend is a great one, and girlfriend is on way to becoming one) but they serve a need.....and in this case I am 100% behind the action....reason being this is NOT about JJ....it is about PROMOTERS who unscrupiously promote their shows...misrepresent them...let me tell you a story....

About 17 years ago I went to see my favorite band (besides Survivor)....Toto....i looked forward to this show for 2 months....they were playing in my area and it was a real thrill for me to finally see them after years of looking up to Luke and the guys....Bobby is my idol...well, I get there and up goes the curtain and it is Bobby and some other dudes...NOT TOTO.....don't get me wrong...I LOVE BOBBY and we have been close friends for 15 years, but that was a promoter doing an unthinkable act....BOBBY HAD NO CONTROL of what these ass clowns did...and it sucks.....I was there, he was very hurt by what the crownd was saying and doing...shame on that promoter....the signs said Toto, the billboard....THAT is what this is about guys....it is about USING a BRANDNAME to con people into thinking they are going to see something they are not.....I AM NOT saying JJ is involved....but the PROMOTERS who do this kind of crap need to be stopped....

I do see Axe's point....and it is hard to see 360 on this stuff...I am a huge fan of JJ's...can't wait to hear him at mr.com fest...also, I realize this is NOT about him, twords him....this is about promoters....and how they promote....that is all.....

And...as far as the FS and me stuff I read, all I can say is this....I was damn near death 3 weeks ago....and at my side at the hospital was my true friends, family and FS made the time to make sure he was there as well....and he hardly has the time for that....he is a class guy in ways very few people know because he is such a private guy....

And remember, I am not here to defend him, I am defending the reasons behind this......and I found out via the Chicago Tribune like everybody else....

Survivor WILL have a new album, and they are working hard....lets look forward to that.....I do see all of your point, but please try to look at this from the other side, if only for a moment.....

Thanks guys.....JV

[Slander]

Survivor WILL have a new album, and they are working hard....lets look forward to that.....I do see all of your point, but please try to look at this from the other side, if only for a moment.....

Thanks guys.....JV

No, thank you JV for once again reminding of us all of what's important. Life is not about petty bs or one upsmanship. I can understand a debate about trademarks but what I can't understand the put down of all things Sullivan or having to do with the current Survivor line up.

[Joe Vana]

Survivor WILL have a new album, and they are working hard....lets look forward to that.....I do see all of your point, but please try to look at this from the other side, if only for a moment.....

Thanks guys.....JV

No, thank you JV for once again reminding of us all of what's important. Life is not about petty bs or one upsmanship. I can understand a debate about trademarks but what I can't understand the put down of all things Sullivan or having to do with the current Survivor line up.

Actually Axe has valid points....I just gave you guys my take on it....

Hope everybody is healthy and well!!

JV

[IngoK]

Survivor WILL have a new album, and they are working hard....lets look forward to that.....I do see all of your point, but please try to look at this from the other side, if only for a moment.....

Thanks guys.....JV

No, thank you JV for once again reminding of us all of what's important. Life is not about petty bs or one upsmanship. I can understand a debate about trademarks but what I can't understand the put down of all things Sullivan or having to do with the current Survivor line up.

Actually Axe has valid points....I just gave you guys my take on it....

Hope everybody is healthy and well!!

JV

Hey Joe,

good to see you back. Hope you're well again?

[Joe Vana]

Survivor WILL have a new album, and they are working hard....lets look forward to that.....I do see all of your point, but please try to look at this from the other side, if only for a moment.....

Thanks guys.....JV

No, thank you JV for once again reminding of us all of what's important. Life is not about petty bs or one upsmanship. I can understand a debate about trademarks but what I can't understand the put down of all things Sullivan or having to do with the current Survivor line up.

Actually Axe has valid points....I just gave you guys my take on it....

Hope everybody is healthy and well!!

JV

Hey Joe,

good to see you back. Hope you're well again?

Thanks man....yep...I feel better than I have in 5 or 6 years....JV

[Red13JoePa]

So it definitely was the promoter and not Jamison, Joe Vana?

And in the Kimball show you spoke of was it advertized actually as "Toto" or did they at least throw in an "of" or "formerly of?"

[Red13JoePa]

[Tito]

I'll suck elephant balls through a straw if Frankie Sulking gets more than $1 out of this.

I hope Frankie wins big just to see this.

[Tito]

About 17 years ago I went to see my favorite band (besides Survivor)....Toto....i looked forward to this show for 2 months....they were playing in my area and it was a real thrill for me to finally see them after years of looking up to Luke and the guys....Bobby is my idol...well, I get there and up goes the curtain and it is Bobby and some other dudes...NOT TOTO.....don't get me wrong...I LOVE BOBBY and we have been close friends for 15 years, but that was a promoter doing an unthinkable act....BOBBY HAD NO CONTROL of what these ass clowns did...and it sucks.....I was there, he was very hurt by what the crownd was saying and doing...shame on that promoter....the signs said Toto, the billboard....THAT is what this is about guys....it is about USING a BRANDNAME to con people into thinking they are going to see something they are not.....I AM NOT saying JJ is involved....but the PROMOTERS who do this kind of crap need to be stopped....

Was this the show at Drury Lane? I've heard about that one from others. If it is, I think this show may have to officially classified as "the infamous show at Drury Lane."

And...as far as the FS and me stuff I read, all I can say is this....I was damn near death 3 weeks ago....and at my side at the hospital was my true friends, family and FS made the time to make sure he was there as well....and he hardly has the time for that....he is a class guy in ways very few people know because he is such a private guy....

Are you alright? You didn't have a nervous breakdown about playing MR Fest did you? Seriously, are you ok?

[Tito]

I'll never forget severals years ago in Kane County, IL, there was a fest and they advertised Santana, but it was Gregg Rolie. Now, I went because I knew and wanted to see Rolie but they were advertising (I believe) Santana featuring Gregg Rolie. I laughed when I got there and the Santana was blacked out and it just said Gregg Rolie.

[Joe Vana]

So it definitely was the promoter and not Jamison, Joe Vana?

And in the Kimball show you spoke of was it advertized actually as "Toto" or did they at least throw in an "of" or "formerly of?"

I would say the promoters....not an expert in this certain case....I do think FS is standing on principal, and I do agree 100% with him....he is a busy guy and I am sure would rather not have to deal with this or pay lawyers if he did not have too....

And the Billboard said TOTO....again, not Bobbys fault...it was a promotion thing, but boy were there some pissed off people there who wanted to see Luke, Paich, Porcaro ect......I stayed through the show though even though 30% walked up and left!!! and wanted refunds!!!!!!

[Tito]

So it definitely was the promoter and not Jamison, Joe Vana?

And in the Kimball show you spoke of was it advertized actually as "Toto" or did they at least throw in an "of" or "formerly of?"

I would say the promoters....not an expert in this certain case....I do think FS is standing on principal, and I do agree 100% with him....he is a busy guy and I am sure would rather not have to deal with this or pay lawyers if he did not have too....

And the Billboard said TOTO....again, not Bobbys fault...it was a promotion thing, but boy were there some pissed off people there who wanted to see Luke, Paich, Porcaro ect......I stayed through the show though even though 30% walked up and left!!! and wanted refunds!!!!!!

This has to be the Drury Lane show. I've heard this account from many people. This is funny.

[Slander]

So it definitely was the promoter and not Jamison, Joe Vana?

And in the Kimball show you spoke of was it advertized actually as "Toto" or did they at least throw in an "of" or "formerly of?"

I would say the promoters....not an expert in this certain case....I do think FS is standing on principal, and I do agree 100% with him....he is a busy guy and I am sure would rather not have to deal with this or pay lawyers if he did not have too....

And the Billboard said TOTO....again, not Bobbys fault...it was a promotion thing, but boy were there some pissed off people there who wanted to see Luke, Paich, Porcaro ect......I stayed through the show though even though 30% walked up and left!!! and wanted refunds!!!!!!

This has to be the Drury Lane show. I've heard this account from many people. This is funny.

Back in 2006. I went to a show billed as Survivor and it was Jimi Jamison. Not a problem. JJ gave a good effort but the musicians were not in the caliber of Sullivan, Droubay, Grove, and Ozello. Even the dj promoting the show called them Survivor. I spoke with JJ after the show and he was very generous with his time. My guess is that it was originally a Survivor gig and then JJ left the group. It was very confusing for some people at the gig.

[Red13JoePa]

No the Jamison band filled in that day because Survivor cancelled that show.
You BLASTED Jamison after that too Slander

[Slander]

No the Jamison band filled in that day because Survivor cancelled that show.
You BLASTED Jamison after that too Slander

Hey Red, I have no idea if Survivor canceled the show on that day. All I know is that there was a lot of confusion and disappointed people. Also it didnt help that the dj promoting the event called it Survivor. JJ was not at his best on this night and neither was the band. JJ was very nice thought afterward and did not elaborate on why he was playing and not Survivor.

[Joe Vana]

So it definitely was the promoter and not Jamison, Joe Vana?

And in the Kimball show you spoke of was it advertized actually as "Toto" or did they at least throw in an "of" or "formerly of?"

I would say the promoters....not an expert in this certain case....I do think FS is standing on principal, and I do agree 100% with him....he is a busy guy and I am sure would rather not have to deal with this or pay lawyers if he did not have too....

And the Billboard said TOTO....again, not Bobbys fault...it was a promotion thing, but boy were there some pissed off people there who wanted to see Luke, Paich, Porcaro ect......I stayed through the show though even though 30% walked up and left!!! and wanted refunds!!!!!!

This has to be the Drury Lane show. I've heard this account from many people. This is funny.

It was....

[Saint John]

Glad to hear you're doing well, Joe. Keep getting better, man. And tell Slander that you've actually met me and I'm not this Axecrew guy.

[Joe Vana]

Glad to hear you're doing well, Joe. Keep getting better, man. And tell Slander that you've actually met me and I'm not this Axecrew guy.

Slander...I have met BOTH St. John (Dan) and Axecrew....two DIFFERENT GUYS!!!!!!!!!
Both were quite pleasant and seemed like good dudes....I look forward to catching up with them at mr2...

You owe me 5 bucks Dan...HA!

JV

[Saint John]

I liked Joe's explanation regarding the necessity to protect the Survivor name and I agreed with a lot of it. I completely understand standing up to and protecting the name from unscrupulous promoters. However, what I don't like is that the other guys put a heck of a lot of effort into making the group what it was, but only one guy gets the legal option of using the name "Survivor." This is where it gets tricky and you need to use some discrimination if you're Frankie and/or his lawyers. To not let Jamison, Peterik and/or Bickler use the title "Formerly of Survivor" kind of strips them of their contributions to Srvivor and I don't give a shit what the court says ... Frankie should allow them to do so. They fucking earned it.

[Slander]

Glad to hear you're doing well, Joe. Keep getting better, man. And tell Slander that you've actually met me and I'm not this Axecrew guy.

Slander...I have met BOTH St. John (Dan) and Axecrew....two DIFFERENT GUYS!!!!!!!!!
Both were quite pleasant and seemed like good dudes....I look forward to catching up with them at mr2...

You owe me 5 bucks Dan...HA!

JV

Good to know and good to see you on the board JV. Wish I could be at MRFest to see you perform.

[mrsromek]

Frankie lives in Palatine? No shit?!! Where? That should be the special addition to MRF2....A one off Survivor re-union w/ JJ, Jim, Frankie and Mark on the skins. Get whoever to play bass. That would kick some serious ass!!

[Joe Vana]

About 17 years ago I went to see my favorite band (besides Survivor)....Toto....i looked forward to this show for 2 months....they were playing in my area and it was a real thrill for me to finally see them after years of looking up to Luke and the guys....Bobby is my idol...well, I get there and up goes the curtain and it is Bobby and some other dudes...NOT TOTO.....don't get me wrong...I LOVE BOBBY and we have been close friends for 15 years, but that was a promoter doing an unthinkable act....BOBBY HAD NO CONTROL of what these ass clowns did...and it sucks.....I was there, he was very hurt by what the crownd was saying and doing...shame on that promoter....the signs said Toto, the billboard....THAT is what this is about guys....it is about USING a BRANDNAME to con people into thinking they are going to see something they are not.....I AM NOT saying JJ is involved....but the PROMOTERS who do this kind of crap need to be stopped....

Was this the show at Drury Lane? I've heard about that one from others. If it is, I think this show may have to officially classified as "the infamous show at Drury Lane."

And...as far as the FS and me stuff I read, all I can say is this....I was damn near death 3 weeks ago....and at my side at the hospital was my true friends, family and FS made the time to make sure he was there as well....and he hardly has the time for that....he is a class guy in ways very few people know because he is such a private guy....

Are you alright? You didn't have a nervous breakdown about playing MR Fest did you? Seriously, are you ok?

No...I am ok....I went in to the hospital not even taking aspirin and walked out on 9 things...and 5 are permanent.....Diagnosed with acute Diabetes, hypertension and I was suffering from double pnumonia at the time as well....I have made the appropriate changes and am forging ahead....I feel MUCH better.....too much damn pizza!!!!!!!!!

JV

[MarcelJordan]

Geez Joe. Glad you're alright now. Must have been some kind of scare. Frankie hinted there was some "serious illness". The good thing is now Frankie calls the "Project" -"New CD"

It's getting closer. Look forward to see in the CD sleeve Your contributions to the record.

MJ

[Eyeof]

First of all, JV good to hear you are okay....get control over that Diabetes....my father has it and I’ve watched it take him apart slowly piece by piece...doesn't have to be that way, he committed slow ‘suicide’ with a fork to a certain extent….I guess it’s hard to realize at 40 or 45 what will be so important at 55 and 60…anyways I know you’ll be fine with that fight…

Back to the incessant arguing that we all love!

St. John to your point...(And Slander I know who has the legal right and I’m not talking about legality)….

If I were a fan…not fans like us, but casual. I think I might be more disappointed at seeing Survivor with McAuley fronting than seeing Jamison with another band…does that makes sense? To a fan I think JJ or even Bickler with four completely different guys (providing they are adequate musicians) would sound more like the Survivor they are used to than McCauley fronted Survivor.

I’m not trying to start a fight, just asking for opinions. And I’m not say this new Survivor won’t rock, but even Slander has to admit McAuley’s voice is a big departure from JJ or Dave and to a casual fan that difference would probably be larger than if it were a different guitar player…thoughts?

Again, Slander before you jump on me…I’m just asking opinion…I understand what the ‘court’ says, but the every judgment of a court isn’t always that of popular opinion…etc…

[Ehwmatt]

First of all, JV good to hear you are okay....get control over that Diabetes....my father has it and I’ve watched it take him apart slowly piece by piece...doesn't have to be that way, he committed slow ‘suicide’ with a fork to a certain extent….I guess it’s hard to realize at 40 or 45 what will be so important at 55 and 60…anyways I know you’ll be fine with that fight…

Back to the incessant arguing that we all love!

St. John to your point...(And Slander I know who has the legal right and I’m not talking about legality)….

If I were a fan…not fans like us, but casual. I think I might be more disappointed at seeing Survivor with McAuley fronting than seeing Jamison with another band…does that makes sense? To a fan I think JJ or even Bickler with four completely different guys (providing they are adequate musicians) would sound more like the Survivor they are used to than McCauley fronted Survivor.

Without a doubt... I'd much rather get "duped" into seeing "Survivor" and have it be Jimi or Dave with any kinda band versus seeing Survivor with Frankie. Love Frankie's guitar playing and all, but even as a guitar player myself I feel this way.

[Slander]

I’m not trying to start a fight, just asking for opinions. And I’m not say this new Survivor won’t rock, but even Slander has to admit McAuley’s voice is a big departure from JJ or Dave and to a casual fan that difference would probably be larger than if it were a different guitar player…thoughts?

Again, Slander before you jump on me…I’m just asking opinion…I understand what the ‘court’ says, but the every judgment of a court isn’t always that of popular opinion…etc…

Eye, I'm not going to jump at you at all. You make perfect sense. As you know I'm a Bickler guy through and through. DB is what Survivor was all about. Gritty, edgy, ominous. His voice fit perfectly with the name of band called "Survivor." The name alone "Survivor" lends itself to being tough. Having said that, I was pleasantly surprised when I saw Robin live. I think Mcauley captures the Survivor sound well on songs like "Fire Makes Steel" and "Eye of The Tiger." Survivor is more than a voice to me, it is also musicianship. When I last saw them last in 2007. it was Robin, Frankie, Chris, Billy, and Marc. They sounded great. You can't replace the musicianship. I guess what I'm saying in a round about way is that the Survivor sound is more than just the vocalist. It is collective. Seeing JJ solo without FS, Droubay & company is not Survivor. It doesn't come close to sounding the same. That is not a slam on JJ at all. He is a great vocalist.