Former Heart Members Suing Rock Hall Over No Induction While Still Using Likenesses

Mark Andes and Dennis Carmassi, former members of the band Heart during the 80's, have filed a lawsuit against the Rock and Roll Hall of Fame who chose not to induct them with the band while still using their likenesses and the tracks on which they performed in promoting the induction event.

Heart was inducted into the Rock Hall in 2013 and, like KISS this year, the Hall decided to only induct the original members of the band, ignoring later members who were, nonetheless, featured during very successful portions of each group's career.

In the case of Heart, Ann and Nancy Wilson asked the Hall to reconsider the selection of just the 70's members of the band but could not obtain an expanded induction roster.

Compounding the problem was that the Hall used pictures and music from the 80's version of Heart in promoting their induction. According to Andes and Carmassi, that led to fans congratulating them in what they called a humiliating situation where they had to tell the well wishers that they, in fact, were not being inducted.

Andes and Carmassi are not looking for a retroactive induction but, instead, are suing for misappropriating their name and likeness, defamation and injurious falsehood and are seeking equitable relief including compensatory damages for all losses, triple damage on all trademark claims and exemplary damages.

The bass player and drummer appeared on the Heart albums Passionworks (1983), Heart (1985), Bad Animals (1987) and Brigade (1990) while Carmassi was on Desire Walks On (1993). It was during that period that the group released seven of their nine top ten hits with What About Love (1985 / #10), Never (1985 / #4), These Dreams (1986 / #1), Nothin' at All (1986 / #10), Alone (1987 / #1), Who Will You Run To (1987 / #7) and All I Wanna Do Is Make Love to You (1990 / #2).

Andes is also part of the lawsuit by the estate of Randy California against Led Zeppelin over their alleged using of the guitar part from Spirit's song Taurus in Stairway to Heaven.

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