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Jury rejects Tom Scholz's trademark infringement lawsuit against former Boston bandmate
Wednesday, November 02, 2016

By Mark Shanahan
Boston Globe

Barry Goudreau, onetime guitarist for Boston, did not infringe on the band's trademark by billing himself as a former member of Boston after leaving the group. That's the verdict in a lawsuit brought against Goudreau by Tom Scholz, leader and principal songwriter of Boston in US District Court. Though it didn't rule in favor of Scholz, the jury likewise rejected Goudreau's counterclaim of breach of contract.

"Despite the jury's verdict on our trademark violation claim, today's outcome was satisfactory because it reinforces a clear message for musicians and artists across the nation," Scholz said in a statement. "Trademark law exists not just to protect the rights of those who create, but to preserve the legacy and value of their art."

Scholz's lawsuit, filed in filed in US District Court in Boston in 2013, claimed Goudreau's "persistent, unauthorized, and willful misuse" of Boston-related trademarks exaggerated his role in the band and "deprives Scholz of his ability to control fully the nature and quality of all (Boston) products and services ... and harms the valuable reputation and goodwill" of the band. Boston's self-titled debut VP, released in 1976, sold more than 17 million copies.

The suit alleged that Goudreau had agreed to refer to himself as "formerly of Boston" after leaving the group, but was called "Barry Goudreau From Boston" and "Barry Goudreau of the Multi-Platinum Group Boston" in some of the promotional materials for other bands he played with, including car dealer Ernie Boch Jr.'s outfit, Ernie & the Automatics.

Still, the jury was not persuaded that Goudreau's work with other bands would cause confusion about the status or lineup of Boston in the mind of the public.

In an e-mail, David Given, one of the attorneys for Goudreau, said he's pleased with the outcome and plans to proceed with claims against Scholz.

"Barry Goudreau achieved 100% victory on the utterly baseless claims for trademark infringement brought against him by his former bandmate and friend, Tom Scholz," Given wrote. "We expect to continue to vigorously prosecute Barry's own claim for unfair and deceptive trade practices against Scholz in the coming weeks."

 
Decarlo Releases First Single
Tuesday, October 11, 2016

Decarlo, which features BOSTON vocalist Tommy DeCarlo, has released their first single Gotta Go. You can get it on CD Baby.

Update: It's now available on iTunes and Google Play.

 
Boston on South Park
Friday, September 23, 2016

Boston was featured on this week's episode of South Park (season 20, episode 2). They showed a sequence starting with one of the characters pulling out the debut album (on vinyl), putting it in a record player, then proceeded to troll the internet.

It ended with a shot of the band performing.

 
BOSTON's 40th Anniversary Tour - A Wild Success!
Monday, August 22, 2016

The following message was posted to Facebook by Tom Scholz:

I want to thank everyone for making our 40th Anniversary Tour the best BOSTON tour ever! Our enthusiastic fans who filled so many sold-out venues to cheers us on, the band members for their dedicated efforts to perform at their peak for every show, and our amazing crew who worked tirelessly every day to bring our production to such a wide variety of venues, often under extreme conditions. In 40 years of playing BOSTON music for our fans, this was the most amazing live experience I've ever had with the BOSTON family and our fans.

I know I speak for everyone in the band and crew when I say there is nothing more exciting and elevating than hearing the crowd come to life when we open the show with those first songs - and nothing so fulfilling as the respect and appreciation from our audience at the end of the night. I've said it many times and will say it again; BOSTON audiences are the best rock audiences ever.

The two hour show represented the culmination of enormous effort and sacrifice on so many people's part. It was the end result of 6 months of exhausting work, seemingly impossible obstacles, and unforeseeable challenges - and that was all before we stepped on to a stage for the first time this spring! But it was worth it for so many reasons. Not only did hundreds of thousands of people have a great time escaping everyday life for an evening with BOSTON, we collectively have helped to make the world a little bit better place. In addition to everyone having a great time, the proceeds enable the continuation of yearly charitable contributions, plus we have raised $164,655.00 to be donated to our specific charitable organization beneficiary for this tour, The Humane League.

In past tours we have raised funds for specific charities as diverse as The National Hospice Organization, Sea Shepherd Conservation Society, and Shriners Hospital for Children - all organizations working to reduce suffering. This year's organization, The Humane League, was chosen because of the immense importance of their message, not only because they are committed to ending extraordinary needless suffering, but also because the fate of the world as we know it quite probably hangs in the balance. If global warming, water pollution, food born disease, world hunger, your own health, or most importantly the horrifying treatment of animals that goes on behind closed doors is of any importance to you, then I urge you to visit humaneleague.com or one of the many other organizations we support (listed on bandboston.com). We can all do so much simply by the things we decide NOT to do!

I am already getting excited about next year's shows, but for now I have to clean up the workroom where the lightning bolts were born (it used to be my garage), do some serious weed maintenance around my house, and find my skates in the rubble that was once my workshop. Hope to see you all again in 2017!

Walk On,
Tom Scholz

 
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