Judge Rules Against Black Flag Founder Ginn - Hot Topic and Urban Outfitter Rejoice

The federal judge who ruled against Black Flag founder Greg Ginn in his suit against a number of former BF members including Henry Rollins and Keith Morris, is a Clinton appointee and the same judge who last year ruled against the mother of Michael Jackson who was trying to sell a line of Michael Jackson merch. The ruling of U.S. District Judge Dean D. Pregerson ruled that MJ’s intellectual property belonged to his estate.

Dealing with Ginn, Rollins, Morris and a few other former BF members and confederates listed in Ginn’s suit as defendants was no doubt a walk in the park after handing the diva-riffic mélange of money grabbing in the Jackson camp. As comedian Denis Leary put it so well, the Jacksons are so weird “They give each other new heads for Christmas.” Dealing with a simple punk rock family feud is an easy day.

In August, Ginn sued everyone for trying to cop the four bars that pretty much stand for Black Flag, including Rollins and Morris, who weirdly enough applied to trademark the bars.

The news of Judge Pregerson’s ruling came from the winning camp and was picked up by the major pop music trades, including Rolling Stone and Spin.  Both cited the FLAG crew,  mostly composed of the victorious defendants, as the source of the judge’s ruling and its context.

For what that’s worth, it is interpreted as such:

1) the court found that SST had no rights in the trademarks;
(2) Ginn seemed to have no individual rights in the Black Flag trademarks;
(3) even if either had had any rights in those marks, they had abandoned those rights through a failure to police the mark for nearly 30 years;
(4) the defendants’ claim that the Black Flag assets were owned by a statutory partnership comprised of various former band members – even if these members only consisted of Henry and Ginn, based on (a) accepting Ginn’s argument that he never quit and given that there is no evidence or allegation that Henry ever quit – has merit;
(5) that even if the plaintiffs had some trademark claim in the marks, there was no likelihood of consumer confusion between Black Flag and Flag given the ample press coverage over the dispute; and
(6) the trademark application and registration that Henry and Keith made was done in good faith (e.g. not fraudulently) – and is thus not necessarily subject to cancellation – given that they understood their actions to have been done on the part of the Black Flag partnership (see No. 4, above).

I wonder if Rollins and Morris have to share any merch proceeds with Ginn.

These Bars Never Seem to Close, Although it Wouldn’t Be Bad if They Did

It’s not like you couldn’t see this one coming, but Black Flag founder and guitarist Greg Ginn has filed a lawsuit against a number of his former bandmates, including Henry Rollins and Keith Morris, seeking compensation and a restraining order to prevent a band of former Black Flaggers – and a drummer - from continuing their current tour.

The federal action alleges Rollins, noted in the filing by his legal name of Henry Garfield, and Morris have fraudulently applied for a trademark of the Black Flag logo, knowing that Ginn has full rights to use of the four black bars, referred to in the action as “marks,” among other things.

“Garfield and Morris falsely claimed they were the owners of the marks and had continuously used the marks since 1978,” Ginn claims in his petition, which also names former Flag members Chuck Dukowski, Dez Cadena, and Bill Stephenson for various alleged copyright infringements.

Ginn accuses the current band that includes Morris, Cadena, Dukowski and Stephenson, touring under the name “Flag,” of willful trademark and service infringement. Ginn is touring with former Black Flag singer Ron Reyes as Black Flag. Both bands are playing songs written by Ginn for Black Flag.

On its face, it seems Ginn has a pretty good case; these other guys are swimming in the guitarist’s wake.

For the life of me I can’t see the merit in seeing either version of this band. Isn’t that how bands like Grand Funk or Great White got into each other’s shit, with this ridiculous name change game?

What is more interesting is that Rollins and Morris teamed up in September to get the Black Flag trademark, pointedly to sell clothing with the Black Flag logo, which is where the real money is if Urban Outfitters has anything to say about it.  If I were Ginn, I would be genuinely pissed.

“Garfield and Morris falsely claimed they were the owners of the marks and had made continuous use of the marks in commerce since 1978,” Ginn states in the suit, referring to the trademark filing.  Then there is this, which alleges that  that Rollins has or had a hand in the merch being sold by Flag.

“…Based upon statements made by counsel for Garfield and Morris in response to office counsel action [regarding their trademark application for the Black Flag bars], Garfield either intends to join in the infringing activities of the other defendants, or has already done so, with regard to the manufacture of items of clothing with the marks.”

Thanks to the Hollywood Reporter for picking up the court filing.