[Hilarious Joke Involving A Black Flag Song Title & A Legal Term]
If I’m reading the latest in the Black Flag lawsuit kerfuffle correctly, Greg Ginn and his label SST Records do not own any copyright on Black Flag or its related trademarks, Henry Rollins and Keith Morris might own some kind of copyright, Greg Ginn never quit Black Flag despite not performing with or as that band between 1986 and 2013 (save the one-off charity concert he played in 2003 with the robot bass player)*, and Henry Rollins also never quit Black Flag because he literally never said in writing or verbally “I quit.”
If this donnybrook goes to court (which “they” say is unlikely at this point) I hope it yields a diagram or chart outlining each member of Black Flag and whether or not they ever quit. Maybe everybody’s still in Black Flag! You hear that, Emil Johnson? YOU MAY ALREADY BE A MEMBER STILL.
Interesting to see the judge note “no likelihood” of consumer confusion between Black Flag and FLAG. I’m very confused whenever my friends talk about these bands because they all have a habit of calling the latter “Black Flag.” I think this stems from the fact eighty guys from Black Flag are in FLAG. Thus I am always forced to ask, “Are you talking about Black Flag featuring Greg Ginn and Ron Reyes or are you talking about FLAG, all caps, featuring Keith Morris and all those other rockin’ dude-meisters?”
Of course, consumer confusion is a moot point since Joe Law has decided Greg Ginn doesn’t own the trademarks. Kinda seems like nobody owns ’em right now. So don’t worry, guy who is currently Photoshopping the four bars logo into a handful of tampons captioned “KOTEX FLAG”—nobody from the band is gonna sue you. At least not today.
* – I am acutely aware Henry Rollins ends his Black Flag tour diary Get In The Van with an entry recounting a phone call between Ginn and himself during which Ginn quit the band; although Ginn’s never challenged this story he’s also never confirmed it as 100% truth (as far as I know). Not that I’m taking his side. Motherfucker tried to reunite Black Flag with a robot.