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Bachman-Cummings file $20M lawsuit on ‘joke’ Guess Who band

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‘They’ve taken mine and Randy’s history, the history of the Guess Who, and stolen it to market their cheap ticket sales in their fake bulls*** shows,’ Cummings said

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The Guess Who without either Randy Bachman and Burton Cummings? Say it ain’t so.

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A group comprised of bass player Jim Kale and drummer Garry Peterson along with twentysomething hired hands has been playing small venues across the U.S. under the Guess Who banner.

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Now, as reported by Rolling Stone magazine, Bachman and Cummings are suing their old bandmates.

Bachman and Cummings filed a lawsuit Monday in Los Angeles deeming the group little more than a “cover band” and alleging they are misleading fans.

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Guess Who (pictured above) not being in the Rock and Roll Hall of Fame? RCA
Did Jann Wenner have anything to do with The Guess Who (pictured above) not being in the Rock and Roll Hall of Fame? RCA

Kale snared the trademark to the Guess Who in 1986. The band broke up in 1975 after coming together in Winnipeg in 1962.

In 1970, the band sold more records than The Beatles with hits like American Woman, These Eyes, and Laughing.

“They’ve taken mine and Randy’s history, the history of the Guess Who, and stolen it to market their cheap ticket sales in their fake bulls*** shows,” Cummings told the magazine. “It takes away everybody’s legitimacy.”

According to the lawsuit, Kale and Peterson are accused of using vintage photos and recordings that include Cummings and Bachman to “give a false impression that fans will get anything more than covers of the original music.”

In reposting the magazine’s story on X on Tuesday, Cummings wrote,” Let’s set the record straight and make it clear who was on the records vs who you’ll see on the stage.”

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On Monday, Bachman posted to X, writing “Well, it’s about time…” with a link to the article.

In a statement on The Guess Who being snubbed from the Rock and Roll Hall of Fame, Cummings’ people told the Toronto Sun that the singer and Bachman would likely boycott an induction.

“The only thing that would do is provide the current line of hired musicians touring under TGW name, playing the songs Burton wrote/co-wrote and sang, more accolades to deceive the public into thinking they are the real band,” the statement reads.

“Happens on a daily basis in the U.S. and both Randy and Burton have been outspoken that should TGW ever be inducted, neither would attend the ceremony.”

It added: “You can’t be the creative force behind a decade of music and be pleased that hired musicians have basically stolen your songs, pretended to be you and fans line up to pay money to go see the imposters.”

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WHOA! Where are Randy and Burton? GUESS WHO
WHOA! Where are Randy and Burton? GUESS WHO

Bachman and Cummings are seeking $20 million in damages for false advertising, unfair competition, and violation of the right to publicity. Both say the bogus band has impeded their own careers.

The pair had hoped to tour in 2020 under the Guess Who banner but that was torpedoed by Kale and Peterson. Kale has previously slammed Bachman and Cummings for trying to reclaim the name.

“Cummings signed off on the name in 1977 … and he hasn’t stopped his pissing and moaning ever since,” Kale told the Winnipeg Free Press in 2012. “What the hell do you think I was going to do, start a scrapbook? Here I was with a whopping Grade 10 education and I don’t have a trade and I’m too old for a paper route. I gotta make a living.”

He added: “I’ll have a band of trained monkeys out there just to piss him off. I’m prepared to be that petty … I’m really, really sick of it. I’d love to take the high road, but I’m not going to. I’m his karma.”

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Bachman said he and Cummings have heard from shocked fans who thought the pair would be present for shows.

“It’s been going on for a long, long time, and we hear from fans who say they spent money on tickets and (Cummings and I) weren’t there,” Bachman told Rolling Stone. “Enough is enough. I get my kids seeing these ads asking me if I’m playing Park City, Utah, next week.

“The fans are getting ripped off over and over, and Burton and I lose because we can’t tour the Guess Who even though we want to.

“We wrote the music for this band and want to give it to the fans. The clones that are up there weren’t even alive when these were hits, it’s kind of a joke.”

[email protected]

@HunterTOSun

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‘They’ve taken mine and Randy’s history, the history of the Guess Who, and stolen it to market their cheap ticket sales in their fake bulls*** shows,’ Cummings said

Get the latest from Brad Hunter straight to your inbox

Article content

The Guess Who without either Randy Bachman and Burton Cummings? Say it ain’t so.

Advertisement 2

Article content

A group comprised of bass player Jim Kale and drummer Garry Peterson along with twentysomething hired hands has been playing small venues across the U.S. under the Guess Who banner.

Article content

Now, as reported by Rolling Stone magazine, Bachman and Cummings are suing their old bandmates.

Bachman and Cummings filed a lawsuit Monday in Los Angeles deeming the group little more than a “cover band” and alleging they are misleading fans.

Article content

Guess Who (pictured above) not being in the Rock and Roll Hall of Fame? RCA
Did Jann Wenner have anything to do with The Guess Who (pictured above) not being in the Rock and Roll Hall of Fame? RCA

Kale snared the trademark to the Guess Who in 1986. The band broke up in 1975 after coming together in Winnipeg in 1962.

In 1970, the band sold more records than The Beatles with hits like American Woman, These Eyes, and Laughing.

“They’ve taken mine and Randy’s history, the history of the Guess Who, and stolen it to market their cheap ticket sales in their fake bulls*** shows,” Cummings told the magazine. “It takes away everybody’s legitimacy.”

According to the lawsuit, Kale and Peterson are accused of using vintage photos and recordings that include Cummings and Bachman to “give a false impression that fans will get anything more than covers of the original music.”

In reposting the magazine’s story on X on Tuesday, Cummings wrote,” Let’s set the record straight and make it clear who was on the records vs who you’ll see on the stage.”

Article content

Advertisement 3

Article content

On Monday, Bachman posted to X, writing “Well, it’s about time…” with a link to the article.

In a statement on The Guess Who being snubbed from the Rock and Roll Hall of Fame, Cummings’ people told the Toronto Sun that the singer and Bachman would likely boycott an induction.

“The only thing that would do is provide the current line of hired musicians touring under TGW name, playing the songs Burton wrote/co-wrote and sang, more accolades to deceive the public into thinking they are the real band,” the statement reads.

“Happens on a daily basis in the U.S. and both Randy and Burton have been outspoken that should TGW ever be inducted, neither would attend the ceremony.”

It added: “You can’t be the creative force behind a decade of music and be pleased that hired musicians have basically stolen your songs, pretended to be you and fans line up to pay money to go see the imposters.”

Advertisement 4

Article content

WHOA! Where are Randy and Burton? GUESS WHO
WHOA! Where are Randy and Burton? GUESS WHO

Bachman and Cummings are seeking $20 million in damages for false advertising, unfair competition, and violation of the right to publicity. Both say the bogus band has impeded their own careers.

The pair had hoped to tour in 2020 under the Guess Who banner but that was torpedoed by Kale and Peterson. Kale has previously slammed Bachman and Cummings for trying to reclaim the name.

“Cummings signed off on the name in 1977 … and he hasn’t stopped his pissing and moaning ever since,” Kale told the Winnipeg Free Press in 2012. “What the hell do you think I was going to do, start a scrapbook? Here I was with a whopping Grade 10 education and I don’t have a trade and I’m too old for a paper route. I gotta make a living.”

He added: “I’ll have a band of trained monkeys out there just to piss him off. I’m prepared to be that petty … I’m really, really sick of it. I’d love to take the high road, but I’m not going to. I’m his karma.”

Advertisement 5

Article content

We apologize, but this video has failed to load.

Bachman said he and Cummings have heard from shocked fans who thought the pair would be present for shows.

“It’s been going on for a long, long time, and we hear from fans who say they spent money on tickets and (Cummings and I) weren’t there,” Bachman told Rolling Stone. “Enough is enough. I get my kids seeing these ads asking me if I’m playing Park City, Utah, next week.

“The fans are getting ripped off over and over, and Burton and I lose because we can’t tour the Guess Who even though we want to.

“We wrote the music for this band and want to give it to the fans. The clones that are up there weren’t even alive when these were hits, it’s kind of a joke.”

[email protected]

@HunterTOSun

Article content

Comments

Postmedia is committed to maintaining a lively but civil forum for discussion and encourage all readers to share their views on our articles. Comments may take up to an hour for moderation before appearing on the site. We ask you to keep your comments relevant and respectful. We have enabled email notifications—you will now receive an email if you receive a reply to your comment, there is an update to a comment thread you follow or if a user you follow comments. Visit our Community Guidelines for more information and details on how to adjust your email settings.

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