It's a fight over the legal right to use the name Bachman-Turner Overdrive (BTO) and it is pitting Robin "Robbie" Bachman, the former drummer in the famed Canadian rock group, against his older brother Randy, the lead guitarist and composer of hits like "Taking care of business" "Let it ride" and "You ain't seen nothing yet."

Robbie Bachman, a Surrey resident, and BTO co-lead guitarist Blair Thornton of Vancouver are suing Randy Bachman, a Saltspring resident, former BTO singer Fred Turner of Winnipeg and Randy Bachman's companies in B.C. and Washington State.

In his statement of claim filed in the Vancouver B.C. Supreme Court registry on Oct. 30, 2009, the younger Bachman brother says when Randy left BTO to pursue a solo career in 1977, he agreed the name would remain the property of the other band members, including Robbie, Blair and Fred.

In 1984, according to the court document, there was another agreement that gave Randy Bachman's two companies separate rights right to use the Bachman-Tuner Overdrive name and trademark in the U.S. and Canada.

But there could be no use of the BTO name and logo for live performances or new recordings without the prior written consent of the other band members, the lawsuit claims.

There was still another agreement along the same lines in 2002, the statement of claim adds.

In May of 2009, it says Randy Bachman took steps to legally register the names "Bachman-Turner," "B.T.U." "B.T. United" "Bachman-Turner United" and Bachman-Turner Union" in the U.S. and Canada "...which names are similar to, confusing with, or a variation or derivative" of "Bachman-Turner Overdrive" and "BTO" the court document states.

The statement maintains concerts are being booked in Canada and Europe using those names without the required consent of the other band members.

The lawsuit seeks compensation for financial losses, plus an unspecified further amount in punitive damages and a court order forbidding the "similar name" band from touring or recording.

None of the allegations have been proven in court and Randy Bachman and Fred Turner have not filed a response yet.

It is not the first time a dispute between the two brothers has gone to court.

When Randy Bachman revived BTO in 1983 with the other Bachman brother Tim, Fred Turner, and former Guess Who drummer Garry Peterson, Blair Thornton and Robbie Bachman sued.

The brothers later buried the hatchet and toured together as BTO from 1988 until 1991 when Randy left the group again.

BTO toured and recorded without Randy until 2004 when it went on hiatus.

dferguson@surreyleader.com