Harley Flanagan, founding member of American hardcore punk band Cro-Mags, has filed a lawsuit against former bandmate John Joseph McGowan for allegedly misusing the group’s name. McGowan used “Cro-Mags Jam” to promote a benefit concert, and Flanagan’s lawsuit alleges that this may have misled fans to think that the original members of the Cro-Mags would be there.
As per the federal trademark infringement lawsuit, Flanagan claims that McGowan used the name “Cro-Mags Jam” in violation of a 2019 settlement agreement giving Flanagan the rights to the “Cro-Mags” name. He is now seeking a permanent injunction to stop McGowan from using the trademark in any form.
“This clearly constitutes unfair competition, trademark infringement, and a material breach of the Settlement Agreement, as it is an impermissible use of Plaintiff’s CROMAGS Mark,” the suit states.
Flanagan shared a screenshot of a New York Post article on this development and included the following message on Instagram:
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According to Blabbermouth, McGowan and Mackie Jayson reached an agreement with Flanagan over the rights to the “Cro-Mags” name in 2019. They had decided that McGowan and Jayson would perform as “Cro-Mags JM” while Flanagan would get to use the “Cro-Mags” name for his own band.
The year prior, Flanagan sued members of the group for allegedly using the “Cro-Mags” name without his permission. He filed a lawsuit against the group’s lineup at the time (McGowan included), claiming that he trademarked the “Cro-Mag” name for recording in 2010, for merchandise in 2009 and then again in 2017.