Francis Malofiy was involved in a copyright case involving Usher
A judge has called the lawyer preparing to take legal action against Led Zeppelin ‘unprofessional’ and ‘offensive’.
Francis Malofiy has expressed a desire to seek a copyright infringement lawsuit and block the forthcoming re-release of ‘Led Zeppelin IV’, stating that his client – the late Randy California, who played guitar in Spirit – should be given a writing credit on the track ‘Stairway To Heaven’, as it resembles Spirit’s 1968 song ‘Taurus’. However, Malofiy has now been accused by a judge of behaving in a ‘unprofessional’ and ‘offensive’ way in another suit.
Whilst representing a songwriter called Dan Marino, Malofiy accused Usher and 19 other defendants of copyright infringement regarding the song ‘Bad Girl’, which Marino claimed he wrote. Pennsylvania federal Judge Paul Diamond has now stated that the lawyer misled Marino’s former songwriting partner William Guice into making him think he was a witness and not a defendant and, reports Rolling Stone “persuaded Guice to sign an affidavit admitting to elements of the Plaintiff’s complaint without representation from a lawyer.”
Diamond wrote: “Malofiy’s discussions with Guice are the paradigm of bad faith and intentional misconduct… Defendants have shown clearly and convincingly that Attorney Francis Malofiy has acted disgracefully: lying to an unsophisticated, impoverished, unrepresented Defendant, thus convincing that Defendant to expose himself (probably baselessly) to substantial liability.” Malofiy has since said he was “upfront and honest” with Guice.
It was recently reported that Molofiy was attempting to take Led Zeppelin to court. “The idea behind this is to make sure that Randy California is given a writing credit on ‘Stairway to Heaven’,'” said Malofiy to Bloomberg Businessweek. “Its been a long time coming.”
Rolling Stone says that a representative for the band has refused to comment on the case. The band will reissue their first three albums next month. Meanwhile, Jimmy Page has recently said that he is ‘fed up’ with Robert Plant for delaying Led Zeppelin reunion plans. The band last played together in December 2007 at London’s O2 Arena, but singer Robert Plant has ruled out the possibility of a follow-up concert any time soon.