The Niagara Gazette calls the group coming to the Hard Rock this summer, “Canadian rock legends The Guess Who.”

According to the Buffalo News, “The city's popular Hard Rock Cafe concert series … will feature rock legends The Guess Who on July 7.”

 But the band that will be appearing at the free, outdoor, taxpayer-funded concert this summer for corporate welfare recipient, the Hard Rock Cafe, is not comprised of the two stars that created the sound fans know as The Guess Who.

 If you think you are going to see the original singer, Burton Cummings, when the so-called The Guess Who performs for the Hard Rock’s profit, and taxpayers’ expense, think again.

Mr. Cummings wrote most of the group’s famous songs along with guitarist Randy Bachman who also will not appear.
 It turns out the original bassist, Jim Kale and drummer Garry Peterson own the legal rights to the name. These two will be appearing, along with some youngsters who were not born when the group appeared out of Canada in the late 1960’s.

 Mr. Kale and Mr. Peterson were members of the original Canadian group but neither wrote the songs nor sang them.

 This is not the real Guess Who. It is like new formula Coke. It is Coke, technically, but not the same drink. It is like saying the Beatles are in concert with George Martin and Pete Best.

 The Guess Who’s rich sound came from singer Burton Cummings’ signature voice, guitarist Randy Bachman impressive chording and the novel, expressive songs the two of them co-wrote.

The reason the two who created the true sound of The Guess Who don't tour under the name is, while the two men were creating sensational music and lyrics, the clever original bassist, Jim Kale quietly registered the name.

He now makes his living capitalizing on the songwriting talent of the two men he snatched the name from.

 What kind of man would play the songs of the two men he used to play with in a band and not let them use the name they played together in?

 A similar set of circumstances happened to John Fogerty who wrote and sang all the hits of Creedence Clearwater Revival. A rogue group uses his songs and arrangements, performs under the name and will not allow him to use the name that he –through his talent - made famous.

For the past several years, Mr. Kale has toured the United States with his rogue The Guess Who without Mr. Bachman and Mr. Cummings -- a group Mr. Cummings calls "Kale's Klones."

 Mr. Cummings and Mr. Bachman are responsible for the band’s major hits: Laughing, Undun, No Time, No Sugar Tonight, Hand Me Down World, These Eyes and they co -wrote the song American Woman with the entire band.

Mr. Cummings sang them. 

Mr. Bachman and Mr. Cummings have toured together on and off since 2005, and having failed to win the rights to use The Guess Who name, adopting the moniker Bachman-Cummings.

 Since 2004, Mr. Kale and Mr. Peterson, who now jointly own the name, have been misleading gullible audiences into believing they are "The Guess Who" when in fact they are rather more like a tribute band - but without the usual respect tribute namds pay to the originators.

 People coming on July 7 expecting to hear Burton Cummings and Randy Bachman will come away disappointed.
 According to sources, taxpayers paid more than $25,000 for the band that is legally named The Guess Who but is not.

 Mr. Cummings who has appeared at the Seneca Niagara Casino commands about the same amount for his performances, according to sources in the music industry.