Pink Quoted in 'Recorder,' 'National Law Journal'

October 18, 2013

Santa Monica/Irvine Counsel Jonathan Pink was quoted Oct. 10 by The Recorder and The National Law Journal regarding a trademark infringement fight between former members of the 1980s punk band Black Flag. A U.S. district judge in Los Angeles ruled against guitarist Greg Ginn, who claimed former members of the band were illegally performing Black Flag’s songs using the Black Flag name and logo as part of their tour. The judge noted that the Black Flag logo had lost its legal protection after having appeared illegally on merchandise worldwide for years. The judge also ruled that the name of the defendants’ competing band, which goes by the name Flag, was not likely to cause consumer confusion because all advertising material includes explanatory language that distinguishes it from Black Flag and because there had been ample media coverage discussing the overlap of Flag and Black Flag. Pink, representing the former members of Black Flag including Henry Rollins, Keith Morris and Chuck Dukowski, said he was pleased with the decision. “Where this leads us is we can perform, we can use any marks we choose to use,” said Pink, leader of the Entertainment, Internet & New Media Team. “SST and Ginn don’t own these marks and there’s no likelihood of success on the merits of their lawsuit.”

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