Boston’s Tom Scholz Suing Former Bandmate For Trademark Infringement
Tom Scholz of Boston has filed suit against Barry Goudreau, who played guitar of the band's first two albums. The guitarist-songwriter-inventor claims that Goudreau is using his former band's name in a manner that both violates a legally binding agreement they made.
The Boston Globe is reporting that Scholz is suing Goudreau for using such language as “Barry Goudreau Lead Guitarist Rock Legend from the Band Boston” in advertisements promoting his gigs. Scholz feels this amounts to trademark infringement, because it suggests that Goudreau, who left in 1979, is still a member of the band.
According to Scholz, this runs contrary to the deal Goudreau signed upon leaving the band, in which Goudreau received “no interest, right nor title to the name ‘Boston’" in exchange for 20% of the royalties of the first two albums. Goudreau is only allowed to refer to himself as a former member of Boston.
Scholz is seeking to legally bar Goudreau from further suggesting that he is still connected with the band, as well as strip Goudreau of future royalties due to his violation of the agreement.
Last month, a Suffolk Superior Court judge dismissed Scholz's defamation suit against the Boston Herald for an article stemming from Boston singer Brad Delp's 2007 suicide. He is also currently involved in ligitation against his former manager for control of Boston's copyrights.