Firm successfully defends former BOSTON guitarist in trademark infringement trial

November 1, 2016 – A Massachusetts jury returned a unanimous verdict today in favor of firm client and famed lead guitarist Barry Goudreau on trademark infringement claims brought against him by former bandmate Tom Scholz, who sued Goudreau over use of the moniker "former original member" in describing Goudreau's participation in the multi-platinum selling band BOSTON. The eight-person jury found no likelihood of consumer confusion resulting from advertising for another band employing that description and the current incarnation of the band BOSTON, now led by Scholz. That band had its two biggest hit records in the 1970s while Goudreau was still a member, with Goudreau appearing on both records ("Boston" and "Don't Look Back") and touring extensively behind their releases. Goudreau left the band following differences with Scholz, signing an agreement relating to his departure in 1983. Firm partner David Given, together with local counsel, argued that advertising referring to Goudreau as a "former original member” of BOSTON stated historical fact and that use of the BOSTON mark was appropriately accurate and therefore lawful. Federal district court judge Denise J. Casper, who presided over the seven-day trial, has retained jurisdiction to consider Goudreau's counter-claim against Scholz for unfair and deceptive trade practices under Massachusetts state law. Further proceedings on that claim are pending