There Is No Winner Yet In The A Day To Remember vs Victory Records Lawsuit

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The whole situation has got a little out of hand. People are reporting that A Day To Remember have won their lawsuit against Victory Records, people are claiming that Victory Records have won and some are reporting that both sides have won. I’ve read through all of the info out there, announcements from lawyers and the band themselves to get heads and tails of the situation.

Lets get things clear neither side have really won anything yet. The recent case of which ADTR did win was against a negative injunction the label had against the band, trying to stop the release of their self-funded record Common Courtesy on October 8th, 2013. The money related claims and contractual obligation stuff has not been ruled on by the court yet and most likely won’t until next year.

This essentially means the band can release their album Common Courtesy as planned (if they choose to do so), but there is still the risk Victory could earn profits off of the album because the band is still under contract with Victory, things have yet to get messy in this situation.

I’m reading some blogs that ADTR “won” their two year battle. That is not all all what happened today. This ruling is strictly limited to Victory’s request for a negative injunction. In other words, it involves a small battle in a dispute that will only be resolved after a trial next year (here’s another lawsuit info about Xarelto, with the similar long-lasting procedure). My point was the court’s reasoning today was favorable for Victory in that it forecasts what I believe will be a victory for Victory in the end (excuse the unintended pun).
-Robert S. Meloni

So while sites like Property of Zack and Absolutepunk like to misconstrue the facts and embellish the situation, nobody has actually won anything. This is not a ruling on the actual case the band brought against the label in 2011, this is just in relation to Victory trying to stop the release of Common Courtesy which was denied.

This is a minor victory for ADTR, but the real issues are still at hand. Have A Day To Remember fulfilled their contractual obligation to the label and released five albums as stipulated in their contract or do they owe the label two more? These are the questions remaining to be solved.