By Sonya Magett, EnStars | Mar 14, 2013 11:35 AM EDT
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Kim Zolciak asked her loved ones to not be tardy for her wedding, but it seems she has been tardy with paying up.
The 34-year-old, of Real Housewives of Atlanta fame, is being sued by her former co-star Kandi Burruss who wrote the reality star's single Don't Be Tardy For The Party.
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Burruss, 36, claimed copyright infringement over the song she wrote. The Grammy Award-winning former Xscape singer is represented by her Housewives co-star Phaedra Parks, who is one of Atlanta's famed entertainment attorneys.
Burruss filed a lawsuit on Tuesday, according to a report. The petition stated that Zolciak commercially released the singe record without Burruss' "authorization, license or consent."
Zolciaks also "marketed and sold the infringing single in various formats (e.g., compact disc, downloadable audio track, DVD, etc.) and through various websites, all without Plaintiffs' license, consent or authorization," according to the petition.
Burruss requested the right to have the fees calculated through accounting to figure out how much money has been made off of the dance hit, and requested a temporary restraining order to prevent future sales of the single. She is also seeking punitive damages, attorney fees and a jury trial.
Burruss blogged about Zolciak not paying her for the song in October of 2010.
"I hardly got anything from Tardy for the Party. That is the truth," Burruss wrote. "I am not mad about it. I really blame myself because I didn't handle my business correctly."
Burruss and Zolciak went on tour together to promote the iTunes hit and it was documented during season 3 of RHOA. The title for the song Don't Be Tardy for the Party was the inspiration for Zolciak's spin-off reality show on Bravo Don't Be Tardy for the Wedding, which aired in April of 2012.
Burruss revealed in a recent Housewives episode that Zolciak, who welcomed a son last year, stole the name Kash from her. In the March 3 episode Burruss said she was disappointed with Zolciak for using the same name she had planned to use when she has another child.
Burruss wrote about the name-stealing on her blog on BravoTV.com.
"I've had a list of names in my phone for a few years for if I ever had another child. Kash was one of the names," Burruss wrote. "When Todd and I got together, I showed it to him and we said that if we had a baby, Kash would be the name we would use. When we moved into this house we even had a room that we told everyone would be Kash's room.
"Todd would even make jokes about tattooing Kash on him. It was the on-going joke and conversation amongst my friends. Well, you can imagine how shocked I was when I found out Kim named her son Kash. Oh well!"
Watch the video of Zolciak perform Don't Be Tardy for the Party with Burruss in the video below.
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