In a move that has surprised no one really, SST Records and Black Flag founder Greg Ginn has filed a breach of copyright against current FLAG members Keith Morris, Dez Cadena, Chuck Dukowski, Bill Stevenson and Stephen Edgerton, as well as Henry Rollins while he is at it too. It seems Ginn has adopted the theory of 'if you can't beath them, then sue them."
The suit describes the alleged infringement of the iconic bars logo designed by Ginn's brother Raymond Pettibon and the use of the name "Flag" as "a colorable imitation" that's "likely to cause confusion, mistake or deception among consumers." Ginn is also seeking an injunction against the upcoming FLAG tour and appearance at FYF Fest.
Ginn accuses Henry and Keith 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 in an what's alleged to be an act of "outrageous fraud," using bootleg SST t-shirts in an attempt to show they've been making such products in that time.
Click here to read a copy of the full suit filed by Ginn.
Ironically all former Black Flag and Descendents members who have released records on Ginn's label SST have never been paid artist royalties either. No word yet out of the Flag camp, but with legal proceedings having begun, it will probably be pretty hush, hush.
Greg Ginn has now released a statement regarding the dispute:
The dispute over Black Flag is not motivated by an effort to stop anyone from covering Black Flag songs. Quite to the contrary. Henry Garfield (Rollins) and Keith Morris made an effort to hijack the name for their own use. Behind everyone's back Garfield and Morris last year filed a fraudulent trademark application in which they are claiming to own the name. Had we not taken action, this pair could have snuck this false application through enabling them to stop Black Flag from playing and use of the name for themselves.-- Black Flag