Kenyon successfully represented Ozzy Osbourne ("Ozzy") against Black Sabbath band mate, Anthony Iommi, in defeating a 12(b)(6) motion to dismiss. The case concerned ownership of the BLACK SABBATH trademark. On May 26, 2009, Ozzy filed a complaint in the US District Court for the Southern District of New York for a declaratory judgment seeking a declaration that he is at least a joint owner of the BLACK SABBATH mark on the basis that Ozzy, and his wife and manager, Sharon Osbourne, acting on his behalf, have controlled the nature and quality of BLACK SABBATH goods and services (i.e., concert tours and merchandise) since 1997 when Ozzy rejoined the Black Sabbath band. Iommi argued that Ozzy’s claims relating to the BLACK SABBATH mark should be dismissed on the basis of an agreement from 1980 that allegedly transferred his rights to the BLACK SABBATH name to Iommi and other Black Sabbath band mates.
Ozzy asked the court to deny Iommi’s motion to dismiss, as it was improper for the court to consider documents, such as the 1980 agreement, outside of the scope of the complaint. Judge Koeltl stated that in a Rule 12(b)(6) context, a court may only consider a document not referenced in the complaint, if the complaint relies heavily on the document so that it is integral to the complaint, citing Chambers v. Time Warner, 282 F.3d 147, 153 (2d Cir. 2002). Iommi unsuccessfully claimed that extrinsic materials should be considered by a court on a dismissal motion if they undermine plaintiff’s allegations. Judge Koeltl did not agree, and ruled that Iommi did not show that Ozzy's complaint relied on the 1980 agreement in any manner. After Iommi’s 12(b)(6) motion to dismiss was denied, this case settled favorably for our client in 2010. Iommi has assigned to Ozzy a fifty percent interest in the US trademark registration for BLACK SABBATH. Case number 1:09-cv-04947 (2010). UPDATE: HoustonPress named this case one of the Top 10 Legal Battles in Rock History.