Kandi Burruss Sues Kim Zolciak for "Tardy for the Party" Profits

Celebrity News Mar. 14, 2013 AT 3:30PM
Kandi Burruss; Kim Zolciak Kandi Burruss; Kim Zolciak Credit: NBCU Photo Bank via Getty (2)

Even when the cameras stop rolling, the drama doesn't ever stop for the cast of Bravo's The Real Housewives of Atlanta. Singer-songwriter Kandi Burruss is suing costar Kim Zolciak for profits made from the sale her 2009 single "Tardy for the Party," Us Weekly has learned. Fellow songwriter Rodney Richard is also suing Zolciak, 35.

In documents filed March 12, Burruss' lawyer -- fellow Real Housewives of Atlanta star Phaedra Parks -- said her client wrote the song for Zolciak. The married mother of four released and sold the track "without [the] plaintiffs' authorization, license or consent," the documents allege.

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(The filing occurred just as the Season 5 reunion special was being taped. "I'm not looking forward to it. I can already see its gonna be drama," Burruss tweeted March 11. "Arguing makes my stomach turn.")

Phaedra Parks attends Bravo Upfront 2012 at Center 548 on April 4, 2012 in New York City.
Phaedra Parks attends Bravo Upfront 2012 at Center 548 on April 4, 2012 in New York City.
Credit: Eugene Gologursky/WireImage.com

Burruss wants a temporary restraining order issued to prevent future sales of "Tardy for the Party," an order that would require the "destruction of all copies of the infringing single and any other product of defendant's that infringe plaintiffs' copyrights." The 36-year-old "Fly Above" singer is also seeking punitive damages, attorneys fees and a jury trial.

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The musician -- known for penning TLC's "No Scrubs" and Destiny's Child's "Bills, Bills, Bills," among other R&B hits -- has clearly changed her tune since first expressing her frustration with Zolciak in an October 2010 blog post.

"I hardly got anything from Tardy for the Party. That is the truth," Burruss wrote. "I am not mad about it. I really blame myself because I didn't handle my business correctly."

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Zolciak defended releasing the single on March 13. "Kandi tried to pull the song down in December on iTunes but after I showed documents and proved points, the song was immediately put back up," she told her Twitter followers. Zolciak angrily departed the reality series in its fifth season.

The Kandi Factory premieres April 9 at 10 p.m. EST, and the second season of Don't Be Tardy. . . premieres on April 16 with back to back episodes at 9 and 9:30 p.m. EST on Bravo.

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