Boston Star Tom Scholz's Trademark Infringement Lawsuit Against The Band's Former Guitarist Barry Goudreau Has Been Dismissed By A Massachusetts Judge.
Goudreau played with the rockers for three years before quitting the line-up in 1979 following a legal battle with their manager.
According to TMZ.com, Scholz offered the guitarist a severance package to leave the band, including 20 per cent of the royalties for the group's first two albums.
In exchange, Goudreau reportedly agreed to not use the Boston name, but in 2013, Scholz took legal action against his former bandmate over allegations he is boosting his solo career by using his connection to the stars during his concerts.
On Monday (21Sep15), U.S. District Judge Denise Casper in Boston dismissed 11 of Scholz's 13 claims, saying Goudreau "has not directly infringed Scholz's trademarks" while promoting his gigs, and the marketing on his website was unlikely to confuse fans.
Judge Casper did allow Scholz to continue the two remaining claims, concerning Goudreau's work with the band Ernie and the Automatics, and whether the guitarist had "direct control and monitoring" over promotions.
On the defendant's side, Judge Casper also allowed Goudreau to pursue three counterclaims, including one alleging Scholz's restrictions breached the royalty agreement.