A LOCAL ARTIST is considering taking legal action against platinum-selling pop punks

Fall Out Boy

.

Nicholas Hans alleges the band took a phrase and concept from a T-shirt he designed and used it for lyrics on a track from the multi-platinum 2005 record "From Under the Cork Tree."

In 2001, Hans' former band Knives Out, toured the U.S. and sold a black T-shirt with a drawing of a hand with a ribbon tied around the wrist and the phrase "Don't Open Till After X-Mas."

The line "The ribbon on my wrist says, 'Do not open before Christmas,' " is part of Fall Out Boy's song "Our Lawyer Made Us Change the Name of This Song So We Wouldn't Get Sued" (which refers to an unrelated matter).

"They 100 percent ripped us off," Hans told us yesterday. "It just pisses me off. They should have asked," says the artist/musician.

He's meeting with a lawyer to discuss possible recourse.

Reps from Fall Out Boy's label, Island/Def Jam, did not respond to my detailed e-mail yesterday about Hans' allegations.

We reported March 8 that Fall Out Boy had reached an out-of-court settlement with South Philly's Wesley Eisold of the band Some Girls, after co-opting some lyrics from his old band American Nightmare and other poetry Eisold has published.

That situation seemingly ended well as Eisold was credited as co-writing three songs on the band's new release, "Infinity on High."

'Dude, you gotta see these guys'

No Quarter Records mogul Mike Quinn drunkenly grabbed Rolling Stone senior editor David Fricke and dragged him by the arm into a club at the SXSW Festival in Austin, Texas, over the weekend to catch The Psychic Paramount, a band on the No Quarter label.

Fricke, who served as the music editor at The Drummer and wrote for other local pubs before Rolling Stone, stayed for half the set and seemed to enjoy the band.

Quinn also caught up with Ron Asheton of Iggy and the Stooges, playing the Electric Factory April 11. Asheton said he had a blast playing Bam Margera and Missy Rothstein's recent wedding at the Loews (12th & Market).

Her Hotness Halle

is here tonight

Halle Berry and Giovanni Ribisi will address film students from Temple, Penn and Drexel at 7 tonight at a screening of their new film, "Perfect Stranger," at the Ritz Five (214 Walnut). The thriller, opening April 13, also stars Bruce Willis and homeboy Gary Dourdan of "CSI."

Tales from the

B.S. Detector

Confidential to the local TV-news community. The hot scoop you're telling each other (and telling us) about a naked anchor, a younger man, and the Lower Merion police, is simply not true.

If we're wrong, we'll gladly eat our words. So either come forward with some proof, or shut up.

Stork report

It's diaper duty for Daily News sports writer Marcus Hayes, whose wife, Shelly, delivered the couple's first child, Savannah Jane, on Sunday. The little girl weighed in at six pounds, 12 ounces and was born at Pennsylvania Hospital. Shelly, a doctor at Fox Chase Cancer Center, and baby are doing just fine. Marcus, too.

All that Jazz

Utah Jazz players Deron Williams, Dee Brown, and Derek Fisher hit Morton's (1411 Walnut) a few nights ago for filet, king crab legs and chocolate cake. The food wasn't enough to propel them to victory, as the Sixers defeated the Jazz the next day. *

If you have something you'd like to share with Dan, call 215-854-5963, or e-mail grossd@phillynews.com. To read Dan's recent columns, visit http://go.philly.com/dangross.