Adam Duce used to be the bassist in Machine Head but left the band in February of 2013. While the band described the split as "amicable," Duce seemed less than pleased and cited being pissed off at frontman and guitarist Robb Flynn for never using any of his material despite Duce's contributions. Eventually, Robb Flynn said some less than flattering things about Duce and Machine Head continued on with new bassist Jared MacEachern. Duce was largely not heard from since the incident.
Or least he wasn't heard from until filing a lawsuit against the band and their manager in Federal Court for "alleging trademark infringement, breach of partnership agreement and defamation, among other things," according to the Courthouse News Service.
"The band formed a general partnership – Machine Head – and a corporation – Head Machine Touring Inc. – under which each member owned 25 percent. But despite this, Flynn got a larger portion of the band's income, Duce claims."
The article goes on to say that Duce allegedly questioned the band's manager Joseph W. Huston regarding his decreased income but never got a satisfactory answer. Duce points out that in 2009 the band toured Europe with Metallica and grossed over $2 million, while in 2012 a Europe tour grossed over $3 million.
"'After receiving very little compensation despite the millions the band was bringing in, plaintiff requested and reviewed the records from the tours. Plaintiff found that Huston, Flynn, and PFM [Provident Financial Management] had squandered money throughout the trip without consulting plaintiff for the vast majority of expenses,' Duce says in the lawsuit."
And:
"'Despite plaintiff's [Adam Duce] expressed concerns, he was unable to make enough money to live within his modest means. Because of this, when the band was not touring, plaintiff supplemented his income as a licensed real estate appraiser,' Duce says."
Duce is currently seeking "damages and punitive damages for trademark infringement, breach of fiduciary duty, breach of partnership agreement, intentional and negligent interference with prospective economic relations, negligence, defamation and unfair competition, and he and wants the band enjoined from using the Machine Head marks," according to the article.
So much for an amicable split, huh? I assume Duce has been quiet all this time because he's been putting this together, so let's see where it goes!
