Former Europe guitarist Kee Marcello said he regretted that a lawsuit against Poison was settled out of court, rather than going all the way to a hearing.

An agreement was reportedly reached regarding the Poison song “I Want Action,” which was claimed to be ripped off from “We Go Rocking,” a piece Marcello co-wrote as a member of Easy Action before joining Europe. When “I Want Action” appeared on Poison’s 1986 debut album, Look What the Cat Dragged In, the chorus was allegedly taken from the Swedish band’s single from three years earlier.

In a recent interview with Vinyl Writer Music, Marcello said, “Ric Browde, who produced Poison’s debut album — a big fan of Scandinavian glam bands like Easy Action and Hanoi Rocks — brought our album to the studio during the recordings of Look What The Cat Dragged In.” He continued: “After playing it back [he] prompted the guys to record a cover of ‘We Go Rocking.’ The band’s reaction to that was, ‘Nah, some fucking Scandinavian glam band? Let’s rip ’em off. Who’s gonna know?’”

He asserted that version of events had been “Ric’s own words” and noted that he didn't have much to do with the legal action because he’d changed bands by then. “At the time of the lawsuit, I was far too busy with Europe to have the time to deal with it; my publisher Warner/Chappell Music was running the lawsuit,” he said.

Marcello described the songs' chorus sections as “identical” and reflected, “The whole thing ended with a settlement out of court, but I regret to this day that I didn’t drag Bret Michaels’ and C.C. DeVille’s sorry asses to court.”

The reason for his regret, he explained, was a “smug” comment made by singer Michaels some years later. “During the press conference when they played Sweden Rock Festival … a journalist asked him, ‘Do you have a comment about “We Go Rocking” and “Easy Action?”’ His reply was that he ‘hadn’t heard of any of them!’” Marcello added: “I can get over the fact that you stole my song, but at least own it, you coward!”

Poison - 'I Want Action'

Easy Action - 'We Go Rocking'


See the Top 100 Albums of the '80s

More From Cool 98.7 FM