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Edition: U.S. Article Comments (0) Follow Reuters Facebook Twitter RSS YouTube Read Texas seeks more help as wildfires burn Austin homes 12:57am EDT Death toll at 43 as tornadoes and storms rake South | 1:31am EDT Palin returns with feisty, anti-establishment speech 16 Apr 2011 Congress will raise debt limit: Geithner 17 Apr 2011 Analysis: Google's Page and Wall Street: Who needs who? 17 Apr 2011 Discussed 83 Obama to lay out deficit plan with focus on tax, spending 82 White House warns on debt limit, says Obama regrets vote 74 UPDATE 1-Geithner says Congress will pass debt limit increase Watched Cupless bra combats cleavage crinkle Fri, Apr 15 2011 South Korean "super gun" packs hi-tech killing power Mon, Feb 14 2011 Deadly tornadoes pound southern U.S. Sun, Apr 17 2011 Variety loses to punk band in album cover dispute Tweet Share this By Eriq Gardner NEW YORK (Hollywood Reporter) - Hollywood trade newspaper Variety has lost in its attempt to pursue a trademark claim in Delaware against the punk band The Vandals. The case will now move to a California federal court, since Vandals... Email Print Related News Special report: Dial 911-FOR-PROFIT--Just don't tell a firehouse Fri, Apr 15 2011 Murdoch hacking story "ain't over yet," says UK judge Fri, Apr 15 2011 Israel's Lieberman told he may face graft charges Wed, Apr 13 2011 GE target of hoax saying it will return tax refund Wed, Apr 13 2011 Motorola and Huawei settle trade secret dispute Wed, Apr 13 2011 Analysis & Opinion Warner Music sale would only be an opening act 5 ways to get more financial aid Related Topics Entertainment » Fashion » Music » By Eriq Gardner Sun Apr 17, 2011 7:39pm EDT NEW YORK (Hollywood Reporter) - Hollywood trade newspaper Variety has lost in its attempt to pursue a trademark claim in Delaware against the punk band The Vandals. The case will now move to a California federal court, since Vandals bassist and lawyer Joe Escalante, who is representing the band in the lawsuit, is based in Los Angeles. First, some background on the case: In 2004, the Vandals released their 10th album, "Hollywood Potato Chip," which posed the band's name in lettering on the cover quite similar to the trademarked Variety logo. Reed Elsevier, Variety's parent company, sent a cease-and-desist letter and worked out a settlement with the band, which agreed to change the cover art. The agreement stipulated that band members would have to pay $50,000 plus attorneys fees if the group ever reneged. Last year, Reed sued the band for breach of contract, claiming the offending image had popped up on the website for the band and its label Kung Fu Records. The band claimed it wasn't behind the breaches. Defending the matter for the Vandals was Escalante himself, a Loyola Law School alum who worked in business affairs at CBS before pursuing music. He also hosts a radio show called "Barely Legal Radio," which covers entertainment legal matters. Escalante's first task was to get the case transferred from Delaware to the more convenient jurisdiction in Los Angeles. Variety opposed this attempt, claiming the original agreement contained a clause naming Delaware as the forum for litigating disputes arising from the agreement. Round 1 goes to Escalante. The judge, exercising discretion, finds that "the interests of justice overwhelmingly favor allowing this case to proceed in the Central District of California" since the vast majority of documents and witnesses are based there. On the Vandals' website, Escalante is crowing about the win, and since the case will now proceed in California, the band is likely to file a lawsuit that will seek to recover legal fees for an abridgment of free speech. "The Plaintiffs should all be ashamed and it is the Vandals' opinion that (Variety's lawyers) are liable for malpractice damages by ruining their client's reputation in a frivolous attempt to act like Godzilla when it comes to hoarding their precious font and inhibiting protected free speech," says the band's website. Variety lawyer Henry Horbaczewski had no comment about the development. (Variety is a competitor of The Hollywood Reporter.) If the band's comments aren't enough of a shot across the bow, it also prepared a heckling video about the dispute, featuring a fake conversation between Variety's former editor Peter Bart and his lawyer. In the video, Bart questions why the publication is spending $100,000 in attorney's fees to win a $50,000 claim at a time when the publication is dwindling in size. Entertainment Fashion Music Tweet this Share this Link this Digg this Email Reprints We welcome comments that advance the story directly or with relevant tangential information. We try to block comments that use offensive language, all capital letters or appear to be spam, and we review comments frequently to ensure they meet our standards. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. Comments (0) Be the first to comment on reuters.com. Add yours using the box above. 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