In a surprise twist of events, the lawsuit filed by “Real Housewives of Atlanta” star Kandi Burruss against Kim Zolciak was dismissed.
Kandi — repped by fellow RHOA star Phaedra Parks — sued Kim over their 2009 song “Tardy for the Party,” claiming copyright infringement.
Kim was reportedly only paid $4,000 for her work and didn’t have a royalty agreement in place. The dance single ultimately sold 102,000 copies, according to the suit.
In response, Zolciak filed for a dismissal of the lawsuit and accused Burruss of filing it for publicity.
On Saturday, Zolciak took to Twitter to express her happiness over reportedly winning the case.
“The truth always prevails,” Zolciak wrote.
Later, she wrote: “Revenge can be bitter sweet but if you sit back and watch karma it can be pure entertainment”
According to court papers, Judge Duffey found that Kandi didn’t sufficiently prove copyright infringement and that he didn’t have the jurisdiction to rule on damages:
“Despite Plaintiffs’ conclusory claim that Zolciak violated some copyright or other intellectual property interest that Plaintiffs assert they had in the Sound Recording, Plaintiffs concede that Zolciak is a co-owner of the Sound Recording, and that she had a right to release it for commercial sale without Plaintiffs’consent.”
“The Court concludes it does not have jurisdiction over Plaintiffs’ unjust enrichment, accounting and constructive trust claims based upon the sales of the Sound Recording, and these claims are required to be dismissed.”
Wow. I suppose the first lesson is make sure your paperwork is correct. There’s no friendship in business. Secondly, we all know Kandi put Kim on. I don’t know what kind of technicality occurred putting Kandi in a losing position, but we all know the truth. It’s time these ladies stop fighting over this $2. They both have better things to focus on.
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