According to The Hollywood Reporter, POISON is being sued by Billy McCarthy and James Stonich, who were members of a Chicago band known as KID ROCKER, for allegedly stealing four of KID ROCKER‘s songs. The plaintiffs claim that guitarist C.C. DeVille auditioned for KID ROCKER in 1984 prior to joining POISONand was allegedly shown completed and formatted songs and was lent master-recorded studio tapes.
KID ROCKER disbanded that year, but McCarthy purportedly presented songs — including “Hit And Run” and “Wham Bam Slammin’ Romance” — for DeVille‘s use as a member of another group, SCREAMIN’ MIMIS. DeVille later joined POISON and proceeded, along with his bandmates, to incorporate KID ROCKER‘s songs in POISON‘s own work, including the tracks “Talk Dirty To Me”, “I Won’t Forget You”, “Fallen Angel” and “Ride The Wind”.
POISON‘s debut album, “Look What The Cat Dragged In” — which contains the above-mentioned songs — sold approximately 4 million copies.
In the lawsuit, which was filed Wednesday in Illinois federal court, the plaintiffs are demanding disgorgement of all profits from the songs in question, statutory damages for willful infringement, and an injunction that prevents POISON and singer Bret Michaels from performing this allegedly stolen material.
Acclaimed ’80s Swedish glam-rock band EASY ACTION, which featured in its ranks future EUROPE guitarist Kee Marcello, reportedly took POISON to court for allegedly “stealing” the chorus to the EASY ACTION song “We Go Rocking” for the POISON U.S. smash-hit “I Want Action” and was said to have been awarded a financial settlement in the case.
Read more from The Hollywood Reporter.