Co-founder of US punk band unsuccessful in claiming he owned rights to band name
Black Flag co-founder Greg Ginn has lost a lawsuit he filed against his former bandmates for alleged copyright infringement.
Earlier this year Ginn claimed the band FLAG, consisting of Keith Morris, Dez Cadena, Chuck Dukowski and Bill Stevenson, infringe on the Black Flag rights owned by him and his label SST Records. Henry Rollins, a former member of the legendary punk outfit, who is in neither of the two touring Black Flag reunion groups, was also named in the suit.
Ginn claims he and his label SST Records own the exclusive rights to the Black Flag Name – and FLAG variation – and the band’s iconic logo, which Flag currently use on tour. Ginn was seeking an injunction against Flag performing live as well. However, as Spin reports, a judge has ruled that SST does not own the rights to the Black Flag copyright and that Ginn has no special rights to any of the trademarks.
The initial suit described the alleged infringement of the logo and describes FLAG as “as “a colorable imitation” that’s “likely to cause confusion, mistake or deception among consumers”. Ginn accused his former bandmates “of lying to the Trademark Office on registrations; using his own label’s record covers to feign as though they’ve been continuing to use Black Flag since 1979 and using bootleg SST T-shirts.”