Sunday, November 05, 2006

Billboard
Victory Sues Virgin Over Hawthorne Heights 'Poaching'
November 03, 2006, 1:30 PM ET
Susan Butler, N.Y.

Victory Records has sued Virgin Records and EMI Music North America for interfering with its contractual relationship with the band Hawthorne Heights. Victory claims that the major-label "poached" the band from the indie even though the group still had two more records to deliver under its contract.

In the suit filed yesterday (Nov. 2) in the federal District Court in Chicago, Victory alleges that the band was happy with the indie until Virgin executives convinced them to sign with the major. The band then hired a national litigation law firm and a public relations company to help extricate itself from its contract with Victory, the suit says.

The band sued Victory and its owner, Tony Brummel, in August. It is asking the court to declare that Victory does not have exclusive rights to the band's recording services, among other claims. The suit is still pending.

Victory is suing for $10 million in damages to compensate the label and for an additional $10 million in punitive damages.

"Although we generally don't comment on litigation and have not seen the suit, we're confident that there is no basis for the suit against Virgin or EMI," says a spokesperson for the companies.