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Real Housewives star Kandi Burruss is suing her former friend, Kim Zolciak over her hit song, Tardy For The Party alleging copyright infringement. Burruss will be represented by fellow RHOA star, Phaedra Parks. In the court papers Burruss claims Zolciak sold and marketed the song Don’t Be TardyFo The Party without her consent. She also wants to know how much money Zolciak made form the single.
According to the court documents: “Without Plaintiffs’ authorization, license or consent, Plaintiffs’ Sound Recording embodying a performance of Plaintiffs’ Composition was commercially released as a single record… on or around, September 29, 2009 by Defendant TuneCore in agreement with Defendant Zolciak.
“Defendants marketed and sold the Infringing Single in various formats (e.g., compact disc, downloadable audio track, DVD, etc) and through various websites, all without Plaintiffs’ license, consent or authorization.”
The suit also seeks an accurate accounting of the money Zolciak made from the sale of the single.
The dispute about the song was previously featured on the TV show. And on October 13, 2010 Burruss wrote about the situation in a blog on Bravo’s Web site. “I hardly got anything from Tardy for the Party. That is the truth,” she wrote. “I am not mad about it. I really blame myself because I didn’t handle my business correctly.”
Well, it appears that she’s changed her tune and if she’s not mad about it, she’s decided handling her “business correctly” means taking it to court!
Burruss wants a temporary restraining order issued immediately to prevent future sales of the single, an order requiring “destruction of all copies of the Infringing Single and any other product of Defendants that infringe Plaintiffs copyrights.”
The plaintiff’s also are seeking punitive damages, attorneys fees, and a jury trial.
Photo from VH1