Judge Says Greg Ginn Has No Rights Over Black Flag Logo

14 October 2013 | 6:24 pm | Staff Writer

Case takes a hit in preliminary injunction

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Black Flag founder Greg Ginn and label SST have lost the preliminary injunction in the ugly legal battle over the use of the iconic band's imagery against spin-off act FLAG, while former vocalist Henry Rollins has also been dragged into the case.

Earlier this year, the lawsuit details came to a head, Ginn and his Southern Californian label SST taking legal action against FLAG – which includes former Black Flag members Keith Morris, Chuck Dukowski, Bill Stevenson and Descendents guitarist Stephen Egerton – for use of the iconic Black Flag logo and the use of the name FLAG. Ginn argues it creates confusion and deception amongst their fans.

According to Spin, a judge has now found, in the preliminary hearing, that the label has no right to the copyright and Ginn has no right to any trademarks. Although the initial ruling does not discount a lawsuit, it leaves their argument looking thin on the surface.

Former Black Flag vocalist Henry Rollins took part in neither reunion band, but is also found himself the target of legal action. Ginn and SST claim Rollins lied under oath about the lack of outfits operating under the Black Flag logo, as he and along with Keith Morris, registered the Black Flag logo and word mark with the US Trademark Office in 2012.

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However, the judge found that the registration made by Rollins and Morris was “made in good faith” and that Rollins never actually quit the band officially.

In the full report, via FLAG, the court found “that SST had no rights in the trademarks”, that “Ginn seemed to have no individual rights in the Black Flag trademarks” and that “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.”

In August, both the Ginn and FLAG parties spoke out about the issue, with Morris saying his is not phased by the accusations.