Mikey....out of the way now?

**kevohman** · 09.28.06, 08:09 AM

I dont know if this point has been addressed already...but here goes
Is it possible the reason EVH wanted Mike to sign away his rights is so if they went forward in the future with a new lineup of some sorts, Mike wouldnt have any kind of a legal right to block the use of the Van Halen name?
This has been done with other bands....suing in court so that remaining band members couldnt use the name without them. Not that I think Mike ever would do this...he clearly has more class than the paranoid VH brothers.
I dont think Sam could do this...since Van Halen existed before him...but Mikey...he was there since the beginning.

**Foamfoot** · 09.28.06, 08:45 AM

Originally Posted by kevohman

I dont know if this point has been addressed already...but here goes
Is it possible the reason EVH wanted Mike to sign away his rights is so if they went forward in the future with a new lineup of some sorts, Mike wouldnt have any kind of a legal right to block the use of the Van Halen name?
This has been done with other bands....suing in court so that remaining band members couldnt use the name without them. Not that I think Mike ever would do this...he clearly has more class than the paranoid VH brothers.
I dont think Sam could do this...since Van Halen existed before him...but Mikey...he was there since the beginning.

Interesting thought. If you're right, then EVH needs to get off his ass and do something other than porn and a solo album (although I believe he was full of shit when he said the latter).

**stratogibson** · 09.28.06, 09:25 AM

I'd say that's a fair theory.

**belikemike** · 09.28.06, 09:37 AM

Originally Posted by kevohman

I dont know if this point has been addressed already...but here goes
Is it possible the reason EVH wanted Mike to sign away his rights is so if they went forward in the future with a new lineup of some sorts, Mike wouldnt have any kind of a legal right to block the use of the Van Halen name?
This has been done with other bands....suing in court so that remaining band members couldnt use the name without them. Not that I think Mike ever would do this...he clearly has more class than the paranoid VH brothers.
I dont think Sam could do this...since Van Halen existed before him...but Mikey...he was there since the beginning.

Could be. I've read somewhere along the way in an interview from Sam that he signed away all his rights to the name Van Halen in the original split, and that the Cabo Wabo was somehow part of that deal. Something like he got Cabo Wabo free and clear, and in exchange gave up any rights to the VH name. Not sure if it was an exact swap, or what the deal was exactly but the words he used were "just like in a divorce", so I gathered it was a bunch of lawyers getting together to work it out.

AT · 09.28.06, 10:06 AM

Originally Posted by belikemike

Could be. I've read somewhere along the way in an interview from Sam that he signed away all his rights to the name Van Halen in the original split, and that the Cabo Wabo was somehow part of that deal. Something like he got Cabo Wabo free and clear, and in exchange gave up any rights to the VH name. Not sure if it was an exact swap, or what the deal was exactly but the words he used were "just like in a divorce", so I gathered it was a bunch of lawyers getting together to work it out.

That all sounds about right. With all the trade-marking Eddie has been doing with VH stuff and his guitar creations, I think he has routinely got lawyers advising him on how to retain rights to his creations.

**Raldo** · 09.28.06, 11:44 AM

Wouldn't surprise me if this is the case.

Of course, anything is possible in Van Halen World.

**Axxman300** · 09.28.06, 11:48 AM

Originally Posted by Raldo

Wouldn't surprise me if this is the case.

Of course, anything is possible in Van Halen World.

Well....except a new album every year. Or every other year. Or every four years....

I mean for Keerrryysts sakes, Clay Aiken put out more albums in the last three years than Van Halen and that's just wrong.

**sickman** · 09.28.06, 01:17 PM

That might have come into play. Maybe Eddie all along was hoping his son would one day play with him like he and Al used to do with their dad. Since guitar and drums are already taken the next thing would be Bass. I'm not even going to mention singer because if he sounds anything like his dad..... Enough said.

One other thing though. He should have kept Mike on board and just let his kids band open up for them on a TOUR!

**ScottyBHarris** · 09.28.06, 01:47 PM

I remember Dave saying on the radio (when he had his show this year) that when he did the 2 songs for the Best of (MWM & CGTSNM) he had to sign a contact that included he getting a pay cut of royalities. Meaning, in Dave's words, that the drummer and the bass player get more money then he does when a VH song is played on the radio and such.

**AVH Blues** · 09.28.06, 01:55 PM

Originally Posted by belikemike

Could be. I've read somewhere along the way in an interview from Sam that he signed away all his rights to the name Van Halen in the original split, and that the Cabo Wabo was somehow part of that deal. Something like he got Cabo Wabo free and clear, and in exchange gave up any rights to the VH name. Not sure if it was an exact swap, or what the deal was exactly but the words he used were "just like in a divorce", so I gathered it was a bunch of lawyers getting together to work it out.

If that is the case which it sounds very likely Sammy got the better deal. I would much rather own the name Cabo Wabo in 2006 than Van Halen. Cabo Wabo grossed 35 million last year. I don't know what the name VH brought the brothas in 2005 but i think it is safe to assume only a fraction of 35 million.

**smithjc** · 09.28.06, 05:14 PM

Whatta depressing thread.

No Mikey. No VH? Noooooooooooo!

Man reality really does bite.

**dropped-d** · 09.28.06, 06:41 PM

Originally Posted by belikemike

Could be. I've read somewhere along the way in an interview from Sam that he signed away all his rights to the name Van Halen in the original split, and that the Cabo Wabo was somehow part of that deal. Something like he got Cabo Wabo free and clear, and in exchange gave up any rights to the VH name. Not sure if it was an exact swap, or what the deal was exactly but the words he used were "just like in a divorce", so I gathered it was a bunch of lawyers getting together to work it out.

Sam mighta got the better part of the deal, ya know.

**tease** · 09.29.06, 08:10 AM

As far as I can remeber the Cabo Wabo part of the deal was something like this:
Until this deal was made, Sam only had permission to build his club outside the US (Mexico), so he made the 2004 for free (or much less money than the Bros) and the Brothers in return axed that clause from the old contract, so Sam could then bring the CaboWabo into the States, see Cabo Taho and the Cabo Wabo in St.Louis.
It was all business. (I don't blame them, because a. every tour is and b. I would have done the same!

)

**chefcraig** · 09.29.06, 08:41 AM

Originally Posted by tease

As far as I can remeber the Cabo Wabo part of the deal was something like this:
Until this deal was made, Sam only had permission to build his club outside the US (Mexico), so he made the 2004 for free (or much less money than the Bros) and the Brothers in return axed that clause from the old contract, so Sam could then bring the CaboWabo into the States, see Cabo Taho and the Cabo Wabo in St.Louis.
It was all business. (I don't blame them, because a. every tour is and b. I would have done the same!

)

That's about it. I recall the deal originally kept Hagar from franchising the brand within the continental U.S. as part of the buy-out of the Van Halen brother's side of the deal.

Considering the gold mine this Cabo business has turned into, it's no wonder that EVH is slapping trademarks (albeit belatedly) on everything from guitars to toothbrushes, as AndrewThomas mentioned above. Yet the apparent short-sightedness of the VH brothers is somewhat surprising. Granted, one would never assume them to be of minds akin to rocket scientists, yet somewhere along the line one would think that they had the sense to seek out some decent financial advice, and no, not from Ray Daniels.

Then again, there was the brilliance of the Nissan tv commercial (which actually was quite clever) and those "milk" ads.

**Menlow** · 09.29.06, 05:50 PM

Originally Posted by ScottyBHarris

I remember Dave saying on the radio (when he had his show this year) that when he did the 2 songs for the Best of (MWM & CGTSNM) he had to sign a contact that included he getting a pay cut of royalities. Meaning, in Dave's words, that the drummer and the bass player get more money then he does when a VH song is played on the radio and such.

Actually, I think what happened was at one point when Sammy was VH's singer, the band renegotiated their contract with WB. As part of that deal Ed ,Al, and Mike received an increase in royalties from the first six albums. Dave was left out as he was no longer in the band.Dave got wind of this sometime after the 1996 debacle and the lawsuits started flying.