More than three years after Kandi Burruss wrote and produced the song "Tardy for the Party" for Real Housewives of Atlanta
co-star Kim Zolciak, Kandi has filed a lawsuit alleging copyright infringement, according to Radar Online
.Here's a First Look at RHOA Star Kim Zolciak's Don't Be Tardy >>>
The lawsuit was filed in Atlanta earlier this week and claims that Kandi and her fellow songwriter, Rodney Richard, are owners of the song.
The court documents state, "Without Plaintiff's authorization, license or consent, Plaintiffs' sound recording embodying a performance of Plaintiff's composition was commercially released as a single record on or around September 29, 2009, by Defendant TuneCore in agreement with Defendant Zolciak.
"Defendants marketed and sold the infringing single in various formats (e.g., compact disc, downloadable audio track, DVD, etc.) and through various websites, all without the Plaintiff's license, consent or authorization."
The suit not only will seek an accurate accounting of all of the money Kim has made from the single, but Kandi also wants to issue a temporary restraining order to "prevent future sales of the single, an order requiring destruction of all copies of the infringing single and any other product of the Defendant's that infringe the Plaintiff's copyrights."
To add even more to the drama, RHOA
co-star Miss Phaedra Parks will be representing Kandi.
"I hardly got anything from 'Tardy for the Party.' That is the truth," Kandi wrote on her Bravo blog in 2010, after there had been some on-air tension between her and Kim. "I am not mad about it. I really blame myself because I didn't handle my business correctly."
However, it may be that Kandi was playing it cool until Kim officially left the show to file her lawsuit. Whatever the reason for her wait, of course Kim has some things to say about the situation herself.
"Kandi tried to pull the song down in December on iTunes but after I showed documents and proved points the song was immediately put back up," Kim tweeted yesterday
, failing to mention what exactly these documents were and what they proved.
"If I owed her money why did she do another song!" she tweeted
. "People will do anything for publicity! So funny yet so sad!" Add The Real Housewives of Atlanta to your watch-list when you download our free BuddyTV Guide app for your mobile device. (Image courtesy of Bravo)