Lawyers representing Ozzy Osbourne have filed a lawsuit with the U.S. Patent and Trademark Office against the heavy metal icon’s Black Sabbath bandmate, Tony Iommi, claiming the man responsible for some of the genre’s most memorable riffs illegally assumed sole ownership of the Black Sabbath name.

According to the New York Post, Osbourne’s suit seeks a 50 percent stake in the “Black Sabbath” trademark. Furthermore, the filing claims Osbourne is entitled to a portion of the profits Iommi has generated through use of the band name, and suggests it was Osbourne’s “signature lead vocals” that helped propel the band’s “extraordinary success.” The suit also points out that Sabbath’s popularity took a nosedive during Ozzy’s absence during 1980 and 1996, when former Rainbow vocalist Ronnie James Dio took over behind the mike stand.
The suit follows one filed by Iommi in December 2008 against Live Nation. In that filing, Iommi claims the concert giant sold merchandise bearing the band’s logo, despite the 2006 expiration of a merchandising deal, reportedly worth nearly $80 million. Soon after that agreement concluded, Iommi reclaimed the band’s trademark.

Iommi’s suit argues Live Nation continued to sell more than 100 items of merchandise featuring the band’s likeness, name and logo, despite the receipt of cease-and-desist orders from the guitarist’s camp. Iommi’s suit seeks damages in the amount of three times the profits from the merchandise sales, plus a halt to the Black Sabbath product sales.

In a recent interview with Decibel magazine, both Iommi and bassist Geezer Butler said that working with Dio was actually much easier than working with Ozzy. “Ronnie’s a songwriter in his own right — he’s got tons of ideas,” Butler said. “Whereas Ozzy … in the old days, he’d come up with a vocal line and I’d write the lyrics. Ronnie is 100 percent involved in both the musical side and the vocal side, and he writes his own lyrics as well

As a Sabbath diehard this upsets me. Ozzy contributed virtually zero to the writing of all Sabbath material lyrically, although I believe he came up with some melodies. This reeks of Sharron and makes me wish they'd just call themselves Sabbath, especially now. We all know it's Sabbath!
As for Sabbath taking a "nosedive"? Hmmmm...the last few albums with Ozzy stunk and tanked, then Dio joined and they were back to gold and platinum albums. Interesting math they used.
Shit, Geezer should sue as he wrote all the lyrics! Ozzy, 50%? A joke.

This seems to be a lawsuit related to merchandising and trademarks, so I don't know what the legalities are, but Ozzy was fired from Sabbath thirty years ago. Thirty years ago. And based on what his contributions to the band were or were alleged to be, 50% is an overly generous slice of the pie.

I don't know if a new partnership between Ozzy and the other guys was formed when Sabbath reunited in the nineties for the Ozzfests, but I would think between his concert tours, TV shows and endorsements that Ozzy rakes in plenty of dough as it is.

I think he's just jealous because Iommi and Butler went off with Dio and have been touring and recording new music...and having a pretty good time doing so.

You are right on! I could not have said it any better. This is a $haron job. Like Dr. Chris Evil said I think $haron is jealous of the success that Sabbath are having now. I'm sorry I cannot call them Heaven And Hell. It may be a merchandising issue but I just think it is sour grapes. Iommi owns the name period. The others either quit or in Ozzy's case were fired.

OZZY SPEAKS ABOUT BLACK SABBATH TRADEMARK ISSUE

Below is my official press statement on the official Black Sabbath trademark lawsuit. I am very saddened that I've had to take legal action against Tony. This is something that I've tried to avoid for years. I am not Geezer or Bill's voice. However, till the day I die I will not change my mind on this issue. The Black Sabbath trademark should be equally owned by Geezer, Bill, Tony and I as the true Black Sabbath lineup is Tony, Geezer, Bill and I. We've all been mates since school. I've always said there is an invisible thread that holds us together. Tony, lets get this ridiculous issue sorted and move on with our lives. You're 61, I'm 60. I hope that we've got a good 20 years left in us. But if not, God forbid something happens to you. What's going to happen to the Black Sabbath trademark? Who's going to oversee it? Don't you think after we're long gone the rights should stay in your family, my family, Bill's family and Geezer's family?

Statement from OZZY OSBOURNE:

"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. As of the mid-1990's, after constant and numerous changes in band members, the brand of 'Black Sabbath' was literally in the toilet and Tony Iommi (touring under the name Black Sabbath) was reduced to performing in clubs. Since 1997 when Geezer, Bill and myself rejoined the band, Black Sabbath has returned to its former glory as we headlined sold-out arenas and amphitheatres playing to upwards of 50,000 people at each show around the world. We worked collectively to restore credibility and bring dignity back to the name 'Black Sabbath' which lead to the band being inducted into the UK and US Rock & Roll Hall of Fames in 2005 and 2006, respectively. Throughout the last 12 years, it was my management representatives who oversaw the marketing and quality control of the 'Black Sabbath' brand through OZZFEST, touring, merchandising and album reissues. The name 'Black Sabbath' now has a worldwide prestige and merchandising value that it would not have had by continuing on the road it was on prior to the 1997 reunion tour. Tony, I am so sorry it's had to get to this point by me having to take this action against you. I don't have the right to speak for Geezer and Bill, but I feel that morally and ethically the trademark should be owned by the four of us equally. I hope that by me taking this first step that it will ultimately end up that way. We've all worked too hard and long in our careers to allow you to sell merchandise that features all our faces, old Black Sabbath album covers and band logos, and then you tell us that you own the copyright. We're all in our 60's now. The Black Sabbath legacy should live on long after we have all gone. Please do the right thing."

Ozzy is right here, no one is getting any younger. They should share all equally because EVERYONE in this band made this band!

Rick A.

Without knowing anymore then what was published here, I tend to agree with Ozzy. I've never liked post Ozzy Sabbath. I may be in the minority, but the only Dio I've ever liked was with Rainbow. And the 90's Iommi/Sabbath cd's did seem pretty marginal.

So, Ozzy's saying Black Sabbath is Ozzy, Tony, Geezer and Bill, and that they should share the rewards for that. Do I have that correct?

I wonder what Bob Daisley and Lee Kerslake's view on that would be...

Alan

Ozzy has quickly changed his tune here. Now, he says it should be split 4 ways, and that I agree with. The songwriting was always split 4 ways in Sabbath in the old days anyway, and in the early Dio years (afterwards it was three ways with Vinny Appice out of the writing).
Personally, I love the post-Ozzy Sabbath especially the Dio era, but the Martin era produced some awesome material, and the one album with Ian Gillan is a Metal classic.
Iommi kept the band going all those years (with Butler and Ward involved here and there), and that's why the band came under his control. I really feel Ozzy (or Sharron) is only doing this due to the huge success of the Dio era reunion which has produced great music and live performances which the reunion-era Ozzy years absolutely did not.
In fact, I'd say Ozzy did as much damage as Iommi when Sabbath were struggling by sounding like a dead frog, making the guys play the same damn 10 songs every useless Ozzfest tour, not doing a studio album and forcing the band to cancel gigs due to his voice being shit!
Too bad Ozzy-you blew it. Again.

So why was Ozzy quiet all those years when Sabbath was recording and touring without him?

He was selling more records than Sabbath and touring, so he probably didn't care back then. Now that he's merely a TV personality, it matters to him.

Yeah, your first sentence was pretty much my second sentence, but I cut it out.

All I can say is thank goodness none of the ex-Byrds tried to take the Byrds name out from under Roger McGuinn or any of the ex-Guess Who tried the same with Burton Cummings........Oh, wait a minute....

If you leave a band, either work out a deal about the name then and there (a la Randy Bachman and BTO) or forget about it. This is the sort of thing that led Crosby, Stills & Nash to use their names rather than a group names.

Very well put.

Now, if you'll excuse me, I have tickets to see Foghat.

Chris:
No need for tix-they're playing for free here on the 4th of July. Join in the fun-we'll be in my backyard having a BBQ and listening to the crapfest (not by choice-the park is that close). Of course, there will be a bunch of drunken hicks thinking they're seeing the real band and it will be hilarious.
Even for free I will skip that travesty. I'm sure the fireworks will be entertaining, but those I can watch in the sky. "Slow Ride" my ass!