In a lawsuit filed last week in U.S. District Court in Columbus, Frehley of Ossining, N.Y., says Resaurus Co., 240 Outerbelt St., is manufacturing and selling miniature replicas of his guitar without his permission.
Frehley, 50, is one of the original members of the wildly costumed rock band, founded in 1973. Kiss last performed in central Ohio in May 2000; 18,000 fans turned out at Polaris Amphitheater during the band's national farewell tour.
The 10-page lawsuit says Frehley contracted with a national guitar-manufacturing company in 1996 to make limited-edition replicas of his guitar. Each is signed by Frehley and is "distinctively decorated . . . with a cherry sunburst finish,'' the suit says.
According to the lawsuit:
* The full-size copies have sold for "hundreds of thousands of dollars, depending upon the materials used.'' * Since last year, Resaurus has sold more than 28,000 miniature versions of Frehley's guitar for $7.50 to $9.99 each. Those copies are one-sixth the size of an actual guitar. * In ads and other promotions, Resaurus has boasted that its miniature replicas "epitomize the heart and soul of popular music while retaining the authenticity of a legendary work of art.'' Packaging for each alleged knockoff promotes it as an "artist edition as used by Ace Frehley of Kiss.'' Such advertising misleads the public, the suit says.
Frehley is asking for triple damages of at least $400,000. |