A judge in New York City has granted Ozzy Osbourne permission to move forward with his lawsuit against former band mate Tony Iommi over the use of the name Black Sabbath.

The British rocker filed suit against the guitarist last May, accusing Iommi of falsely proclaiming to be the sole owner of the Black Sabbath title by lodging an application with the U.S. Patent and Trademark Office. Osbourne is demanding a 50 per cent stake in the Black Sabbath trademark, along with a portion of Iommi's profits from use of the name, claiming his "signature lead vocals" are largely responsible for the band's success.
 
At a court hearing in Manhattan on Thursday, Judge John Koeltl ruled the suit has merit and Osbourne can continue the legal battle, but urged both sides to "consider mediation," according to the New York Post.

Iommi's lawyer Andrew DeVore argued the singer signed away all his rights to the Black Sabbath trademark when he quit the band in 1979, while Osbourne's attorney Howard Shire called that argument a "red herring" which was "repudiated" when the singer rejoined in the group in 1997.

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