Source:  RollingStone.com

November 1, 2000
Kevin Cadogan Gets His Day in Court
Hearing to start for ousted guitarist's suit against Third Eye Blind


Not semi-charmed after all


Ousted Third Eye Blind guitarist/co-songwriter Kevin Cadogan's multi-million dollar lawsuit (against his former band members, management, attorneys and record label) is scheduled to begin its hearing in federal court in Oakland on Friday. Originally filed in June and amended in August, his complaint, citing fraud, breach of contract and violations of federal statutes governing trademark law, will be heard before U.S. District Judge Claudia Wilken.

Third Eye Blind's lawyer Tim Mandelbaum, one of the defendents, has already filed motions to dismiss or transfer the case, while the band has filed motions for dismissal for several counts of the suit as well, claiming the case was brought forward after the statute of limitations for fraud had run out.

Cadogan's complaint, which claims that Third Eye Blind frontman Stephan Jenkins and his co-defendants unlawfully exploited his intellectual property in violation of federal and common law, revolves around a dispute over partial ownership of the band. "We had incorporated the band, and I was promised fifty percent. I was promised a production role," Cadogan told RollingStone.com in June. "I was told I was signing a record contract, but the contract was tricky and cleverly worded, and it wasn't what I thought I was signing. When I found out that the document gave one hundred percent of the ownership rights to Stephan, that's when the conflict started."

Documents backing up Cadogan's claim are posted on his Web site (www.kevincadogan.com) in addition to the cover letter for his complaint. "A victory in this case would ensure artists' rights," he said. "I'm fighting for my rights. I don't see royalties, because they're sent to Third Eye Blind, Inc., which is Stephan. Record companies shouldn't be allowed to do this. It's old-fashioned theft."

Cadogan shared songwriting credit with Jenkins on sixteen of the band's twenty-seven songs on Third Eye Blind's two albums, 1997's self-titled debut and 1999's Blue. He also shared a win with Jenkins for Outstanding Songwriter at the California Music Awards in April.

A spokesperson for Elektra Records had no comment on the suit.

JENNIFER VINEYARD
(November 2, 2000)