By Kevin Rutherford
In a prepared statement, the pair explained the reasoning behind their lawsuit against Fogerty for alleged malfeasance and settlement agreement breach, and also attempted to set there record straight when it came to Fogerty’s response.
“Because of recent inaccurate statements in the media regarding pending litigation, we want to set the record straight,” Cook and Clifford wrote. “We have never objected to John Fogerty performing any song he ever wrote, or performing any song recorded by Creedence Clearwater Revival. That idea is ridiculous. Even when he refused to play those songs, and publicly called for a boycott of CCR music, we encouraged him to perform them whenever and wherever he wanted.”
So what’s the issue? According to Cook and Clifford, Fogerty’s lawyers have threatened lawsuits in the past and, they say, seemed to be gearing up for another, so their lawsuit was a preemptive measure.
“The facts are that Mr. Fogerty, while proclaiming joyful rebirth in the press, repeatedly has his lawyers threaten us with lawsuits and demand unreasonable concessions of our rights,” they wrote. “Last week, the threats and demands left us with little doubt that a lawsuit would be filed by him against us for the second time. This unfortunate situation required us to take unpleasant preemptive legal action.”
At the end of the Day, Cook and Clifford say they “chose not to be bullied” pursuant to a business agreement all sides involved made long ago.
“This action is about the need to defend ourselves and rights, Mr. Fogerty’s failure to perform contractual promises and unlicensed uses of the trademark Creedence Clearwater Revival,” Cook and Clifford say. “The trademark is not owned by him, but by the Creedence Clearwater Revival Partnership. We have a business relationship with him and, under prevailing circumstances, chose not to be bullied.”
Fogerty originally responded to the lawsuit with more of a slant that it was about the frontman being able to perform the band’s songs in concert and vowed to continue to do so.
“No lawyers, lawsuits, or angry ex-band members will stop me ever again from singing my songs,” Fogerty said. “I am going to continue to tour and play all my songs every single night I am out on the road.”
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