HIS SUIT VS. ROOTS – CONFIDENTIAL:

Tare getting Frank. And he doesn’t like it. Former Roots percussionist Frank (Knuckles) Walker is suing his old band after they cut him loose in May, but continued to use his image, according to his attorney.

According to the suit, Walker (inset) has asked the Roots, led by

Questlove, to stop promoting performances and appearances with him as a member, yet they continue advertising that he’s still part of the band. The suit also contends that Walker, who joined the Roots in 2002 — 15 years after they formed — was not paid a fair share of royalties.

“Walker is seeking monetary damages arising from defendants’ use of his likeness, and an injunction prohibiting defendants from using his likeness in order to protect his own legacy,” according to a filing from the law firm of Mark David

Shirian P.C. The suit also alleges that Walker was paid “unfair compensation” for use of his likeness. It also claims that his “legacy” could be damaged by the Roots performing without making known that Walker is no longer in the band. The lawsuit cites an Aug. 1 performance at Radio City Music Hall as an example of a show in which Walker’s image was used to promote a concert with which he was not involved. Though Walker lives in Philadelphia, where the Roots formed, the lawsuit was filed in Manhattan Federal Court on the grounds that the band conducts business there, including their nightly gig as “The Tonight Show With Jimmy Fallon” house band. The suit also argues that the Roots’ conduct was “despicable” and done “with a willful and conscious disregard of Walker’s rights.” Walker tweeted from his account @FrankKnuckles on Wednesday: “So sad the world we live in today but some how & some way we must stay strong & keep on pushing.” A rep for the Roots could not be reached for comment.