Hawthorne Heights isn't letting lawsuits get in the way of having a good time as the modern rockers from Dayton, Oh., prepare to headline this year's Nintendo Fusion Tour.

Hawthorne Heights isn't letting lawsuits get in the way of having a good time as the modern rockers from Dayton, Oh., prepare to headline this year's Nintendo Fusion Tour.

In August, the group sued its label, Chicago-based Victory Records, claiming ethical and financial improprieties. Victory countersued last week, accusing Hawthorne Heights of trying to break its contract and sign with Virgin Records by "saying anything -- no matter how untrue or defamatory" about the company.

"We're not really allowed to talk about it much," frontman JT Woodruff says of the legalities. "It was a long time coming ... We just weren't seeing eye to eye on certain things, and we weren't getting paid what we were owed, really. So we had to make adjustments."

Besides the tour, which begins Sept. 27 in Columbus, Ohio, Hawthorne Heights is also working a new single, "This Is Who We Are," from its sophomore album, "If Only You Were Lonely." The band has crafted a video for the song from footage shot during its spring tour with Fall Out Boy, and Woodruff says Hawthorne Heights has set up a DIY operation until the legal matters are resolved.

"Just because we don't have a label doing things for us doesn't mean that we don't want them to be done," he says. "We just hired outside people and are paying out of pocket to keep the ball rolling for us."

"One thing a lot of people don't know about our band is that we were doing all this stuff before got signed -- booking our own shows, promoting ourselves online, just trying to get our band heard," Woodruff continues. "Our career is very important to us. Just because there's an unfortunate legal battle going on doesn't mean we're going to stop doing anything we wouldn't have done in the first place."

Woodruff says Hawthorne Heights has converted the back lounge of its tour bus into a studio to start working on material for its next album during the Nintendo Fusion tour.

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