Two versions of the band have been in existence since mid-2012 after an interim court decision gave Tate the right to lead his own line-up, while the bandmates who fired him had clearance to continue with new frontman Todd La Torre.
Since then both outfits have released an album and been on tour, with evidence that some fans have been confused over which band they were spending money on. Event promoters have used photos of the wrong band on advertising material on a number of occasions.
A final court hearing was due later this month, in which it would be decided which party could continue to use the name, and how much compensation they’d pay the other party.
Asked about whether the dispute will go back for court, Tate tells 98.7 The Gater: “I hope it doesn’t. We’re in settlement talks right now. I’m kind of hoping it will all be settled by the end of the month.”
He refuses to be drawn on how he thinks it will end but says: “Either way it’s in my favour. I’m just waiting for the paperwork to dry.”
Original line-up drummer Scott Rockenfield recently said: “Negotiations are ongoing – there’s still time for anything to happen. We feel good and look at it as light at the end of the tunnel. The right decision will be made in time.”