OZZY OSBOURNE Wins Round 1 Against TONY IOMMI in BLACK SABBATH Name Dispute closing ceremony

According to the New York Post, a Manhattan federal judge ruled yesterday (Thursday, February 25) that Ozzy Osbourne can proceed with his lawsuit against guitarist Tony Iommi over use of the Black Sabbath name. Ozzy filed a lawsuit against Iommi in May 2009, claiming that Iommi illegally took sole ownership of the band's name in a filing with the U.S. Patent and Trademark Office. Osbourne is suing Iommi for a 50 percent interest in the "Black Sabbath" trademark, along with a portion of Iommi's profits from use of the name.

The Manhattan federal court suit also charges that Osbourne's "signature lead vocals" are largely responsible for the band's "extraordinary success," noting that its popularity plummeted during his absence from 1980 through 1996. Lawyer Andrew DeVore argued yesterday that Osbourne signed away all his rights to the BLACK SABBATH trademark after he quit the band in 1979.

Osbourne's lawyer, Howard Shire, called that agreement a "red herring" that was "repudiated" when the singer rejoined in 1997 and took over "quality control" of the band's merchandise, tours and recordings. In a statement released on May 29, 2009, Ozzy said about his decision to sue Iommi, "It is with great regret that I had to resort to legal action against my long-term partner Tony Iommi, but after three years of trying to resolve this issue amicably, I feel I have no other recourse.

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