Tom Scholz, the leader and principal songwriter of the group Boston, is suing his former bandmate, Barry Goudreau, for trademark infringement, BostonGlobe.com reports.
The lawsuit accuses Goudreau of “persistent, unauthorized and willful misuse” of Boston-related trademarks, which exaggerate his role in the band, deprive Scholz of his ability to fully control the nature and quality of Boston’s products and services and harm the valuable reputation and goodwill of the band."
Scholz's lawsuit states Goudreau was a member for just three years of the band's 37-year history and played guitar on just two of the eight songs on Boston’s 1976 debut release, and four of the eight songs on the group's second album, Don’t Look Back.
It adds that after leaving the band, Goudreau has repeatedly violated an agreement he signed that gives him 20 percent of royalties from all of the songs on the first two albums, but gives him "no interest, right nor title to the name 'Boston.'" Under the agreement, Goudreau could only use the phrase “formerly of Boston” to advertise future performances.
Scholz claims he has suffered monetary damages as a result of Goudreau's actions and seeks to rescind the agreement related to royalties.
This is the second legal action Scholz has taken recently that's related to the band's branding. The Boston Globe says he's also seeking to terminate an agreement he made in 1975 with Boston's former co-manager, Paul Ahern, and reclaim copyrights to the group's early hits, including “More Than a Feeling,” “Long Time” and “Peace of Mind.”
Meanwhile, a message posted last week on the band's official website stated a new Boston album is being produced, and Scholz expects to have the project ready for release by the middle of the year.
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