Judge rules former members of Boston can call themselves former members

Tom Scholz, the founder of the band Boston, can’t stop former members of the group from referring to themselves as “former members,” according to a federal judge in Seattle. US District Judge James Robart this week rejected Scholz’s efforts to prevent Fran Cosmo and Anthony Cosmo from mentioning their past association to Boston. Fran Cosmo was the lead singer on the band’s 1994 “Walk On” album, and Anthony Cosmo was a guitarist for the band from 1999 until 2004. Scholz sued the pair in Seattle, claiming they violated his trademarks to the name Boston by referring to themselves as “former members” in promotional materials. Robart ruled that Scholz “failed to establish that . . . he is likely to suffer irreparable harm in the absence of preliminary relief . . . and that an injunction is in the public interest.”

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