LOS ANGELES (LALATE EXCLUSIVE) – The Phaedra Parks, Kandi Burruss lawsuit against Kim Zolciak is far less clear than it seems, LALATE can exclusively report. Kandi Burruss is using Phaedra Parks to sue Kim Zolciak. But nowhere in the complaint is one key issue addressed, LALATE can report: the statute of limitations in copyright infringement claims.
For years, RHOA fans have watched, Phaedra Parks, Kandi Burruss, and Kim Zolciak fume about wigs, men, and baby names. But they have also addressed the issue about the song Tardy for the Party, for years, on national television.
Hence, during that time, Kandi Burruss may have known or should have know about alleged infringing acts by Kim Zolciak. So why, on the eve of the debut of her spinoff series, just hours before a RHOA 2013 reunion show is taped, and just days after Phaedra got a Judge Judy like spinoff, is Kandi Burruss suing Kim Zolciak for infringements that occurred more than three years ago? LALATE expects Zolciak’s attorneys to raise the three year statute of limitations for copyright infringement in response to Parks’ very unclear complaint.
Parks tells the court that the date of the infringement began around September 29, 2009. She filed the infringement case just days ago, far outside the three year statute. And while there are grounds to toll (stop) the running of a statute, Parks make no mention of the same. She simply writes “Without Plaintiffs’ authorization, license or consent, Plaintiffs’ Sound Recording embodying a performance of Plaintiffs’ Composition was commercially released as a single record (“Infringing Single”), on or around September 29, 2009, by Defendant TuneCore in agreement with Defendant Zolciak.”
In fact, Parks admits Kandi contacted Kim more than three years after the date of infringement. “On December 10, 2012, Plaintiffs sent Defendant TuneCore a copyright infringement notice informing them that the Infringing Single being distributed by them contained copyrighted material belonging to Plaintiffs and was unauthorized. To date, Defendant TuneCore has failed to comply with Plaintiffs’ request to cease and desist distribution and has instead continued to sale the Infringing Single.”
While alleged infringements may have begun in September 2009, Parks claims that some have occurred within the three years before Kandi filed her suit this spring. The question is how many and if any made money. Kim has yet to file a response to the action.