Published Apr 17, 2014The long-pending trademark infringement lawsuit that Black Flag founder Greg Ginn filed against his former bandmates performing as FLAG has finally been settled, with both acts retaining the right to use their band names.
Billboard reports that the parties reached an out-of-court settlement, informing the courts on April 10 that the case had been dropped.
While details on the settlement are hazy, Ginn's lawyer Evan Cohen noted, "FLAG gets to be FLAG, and Black Flag as it is presently known continues to be Black Flag."
Last August, Ginn accused FLAG — featuring former Black Flag members Keith Morris, Dez Cadena, Bill Stevenson and Chuck Dukowski — of misleading fans with their band name, explaining that it was "likely to cause confusion, mistake or deception among consumers."
He claimed that he retained the rights to the name "Black Flag" and its familiar four bars logo. Former vocalist Henry Rollins, who does not perform in FLAG, was also listed as a defendant in the lawsuit due to him and FLAG/OFF! vocalist Morris having previously attempted to trademark the name.
In October, a judge denied a preliminary injunction, claiming, among other things, that Ginn "seemed to have no individual rights in the Black Flag trademarks," and even if he did, he had "abandoned those rights through a failure to police the mark for nearly 30 years."
The case was still pending, though, until the recent settlement.