Ousted Third Eye Blind guitarist/co-songwriter Kevin Cadogan filed a multi-million dollar lawsuit Friday against his former band, manager, lawyer and label in a San Francisco federal court. His ten-count complaint, citing fraud, breach of contract and violations of the Lanham Act (the federal statutes governing trademark law), is expected to arrive in Oakland District Court by Wednesday, where it will be scheduled to be heard before Judge Claudia Wilken.
Cadogan told the San Jose Mercury News
in April that he thought his firing from the band stemmed from his refusal to sign off on a deal that would give the band a reported $1 million advance to record an EP and start their own imprint via Elektra Records. After disagreeing with 3EB frontman Stephan Jenkins over the deal, he found himself stranded in January following a performance at the Sundance Film Festival and replaced with guitarist Tony Fredianelli.
Cadogan, who has since formed the band Bully, posted a statement on his Web site (www.kevincadogan.com
) that claims "Jenkins and his co-defendants [manager Eric Godtland, lawyer Tim Mandelbaum and Elektra, among others] lied and intentionally deceived [Cadogan] in a carefully orchestrated plot to unlawfully exploit his intellectual property in violation of federal and common law."
In response, Third Eye Blind's management team, Eric Godtland Management, had this to say: "Bands with any degree of visibility are always targets of frivolous lawsuits. We have nothing interesting to say about this one."
Cadogan shared songwriting credit with Jenkins on sixteen of the band's twenty-seven songs on Third Eye Blind's two albums, 1997's self-titled debut and 1999's Blue
. He also shared a win with Jenkins for Outstanding Songwriter at the California Music Awards in April.
A spokesperson for Elektra Records had no comment on the suit. Calls to Cadogan's management and Third Eye Blind's lawyer were unanswered at press time.
Written by JENNIFER VINEYARD for RollingStone.com News