`Guess Who' mainstays suing ex-bandmates

Founding members allege trademark infringement

LOS ANGELES » “The Guess Who” founding members Burton Cummings and Randy Bachman on Monday sued two former bandmates, alleging in Los Angeles federal court that the pair is illegally using the band's name to trick fans into thinking the original lineup is currently touring.

The lawsuit further alleges that Jim Kale, a bass player who left The Guess Who in 1972, and Garry Peterson, the drummer who played with the Canadian group until it disbanded in 1975, have been using photos that include Cummings and Bachman to create the false impression that they are playing in the original Guess Who.

Kale and Peterson did not immediately respond to requests for comment.

The lawsuit states that Cummings and Bachman have no affiliation with what the suit describes as a “cover band.”

According to the plaintiffs, Kale and Peterson have been exchanging images of Cummings and Bachman from music streaming platforms such as Spotify and Apple Music with pictures of the cover band in an effort to boost ticket sales, the suit says.

The complaint for trademark infringement additionally alleges the defendants have been using songs written by Cummings and Bachman for promotion without obtaining proper licenses.

“With this lawsuit, Randy (Bachman) and I hope to set the record straight and protect fans from impostors trying to rewrite history,” Cummings said in a statement. “Even after we're gone, the legacy of The Guess Who will live on, and we want to make sure that legacy is restored and preserved truthfully.”

The Guess Who scored hits in the late 1960s and early 1970s with “American Woman,” “These Eyes” and “No Time.” Its 1970 album, “American Woman,” hit the charts in Canada and the United States, and five other albums made the Top 10 in Canada.