Kresge left the group before the band's next album, bringing the group back to three members. Their third album, released on February 5, 2008, is called "Kiss Kiss Kill Kill". The band began a North American tour around the time the album was released. They began the tour with an electric show in San Luis Obispo, CA, USA where they have a fairly loyal following, and are currently touring with two bands from Los Angeles, CA. Their opening bands include Rocket, which is an all-female band, and The Pink Spiders, a pop punk band. They are on Vans Warped Tour all summer. After the release of "Kiss Kiss Kill Kill", they began to have a much larger fan base. On 23 December 2010, Patricia Day filed a lawsuit in an Indianapolis federal court against the Hard Rock casino, charging infringement of the right of publicity and false endorsement. In her lawsuit, the HorrorPops singer claimed Hard Rock and Mattel had been selling a Barbie doll in her image without her authorization. Mattel and Hard Rock have released a series of rock ‘n’ roll-themed Barbies, featuring pioneering female musicians such as Debbie Harry of Blondie, Joan Jett or Cyndi Lauper. In the lawsuit it is alleged that another doll, called the “Hard Rock Café Barbie Doll" or the “Rockabilly Barbie,” is made in the image of the HorrorPops lead singer but without direct acknowledgement of nor permission by Patricia Day.