Punk rock music started as an anti-establishment art form - a subversive swing at the mainstream norms and values that castrated creativity and stifled individuality. The Vandals spearheaded a raucous, humorous style that satirized pop culture - something that eventually came back to bite them on the ass.
Currently being sued for the second time by Hollywood industry publication Variety, they fought back in a way most wouldn't expect from a band that writes songs about mullets and "Planet of the Apes": by going to court. A task made a little easier when there's a lawyer in the band.
The Vandals celebrated a victory in the ongoing suit this week as Gregory Sleet, a Federal Justice in Delaware, agreed with a motion to transfer the case to California where the band is based. A small victory, but one that means the musicians aren't forced into a cross-country litigation.
The case dates back to 2004 when The Vandals received a cease-and-desist from publisher Reed Elsevier for applying its familiar Variety logo to their own name for the cover art of their latest album, "Hollywood Potato Chip."
Though a strong counter-argument based around fair use or the equally protective 1st amendment (which allows for satire and parody of copyrighted work) could have been offered notes TechDirt, the group did something not very punk rock: they settled with Variety and redesigned the logo.
The original album art, however, apparently lived on thanks to the voluminous memory of the Internet. Variety sued the band (again) as a result last year, claiming they "ignored their agreement." The band believed Variety was ignoring the facts.
Based on a post at the official Vandals website, instead of issuing cease-and-desist orders to sites hosting the offending image Variety focused its considerable legal ire at the wrong target.
"We agreed not to use this logo anymore and we have no product for sale with this logo so their claims that we are intentionally using it and harming the Daily Variety are ludicrous," wrote the group after the suit was filed. "We do not have this logo, or any other of their logos on any of our sites under our control. They are telling us that it is still on the Internet but they wont tell us where it is."
However, the discontinued album cover is viewable on the band's blog dedicated to the legal brouhaha.
Nonetheless, the group urged fans to submit URLs to the discontinued album cover under sites it operated so they could be removed, but bemoaned the legal action: "[Variety's] last letter told us there were logos on MySpace and Youtube. We can't find them, and [they] refused to point them out so we could fix them, then they sued us. We are baffled."
The next stop for The Vandals on their 2010-2011 legal tour is likely a Californian courtroom. Whether or not they'll get booed off the stage is another story.
