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Mixed Ruling in Jefferson Starship Band Name Suit

BY Todd Cunningham
September 02, 2017

What's in a rock band's name? Plenty, if you are talking about Jefferson Starship, which goes back more than 40 years, has had more than 30 members and was born from the 1960s psychedelic rock band Jefferson Airplane.

Craig Chaquico, a founding member of Jefferson Starship and the only musician to perform on all 10 of their albums, on August 11 secured from U.S. Magistrate Judge Maria-Elena James in San Francisco a decision greenlighting the cause of action that his lawyers say was the core claim over use of the legendary band name. The ruling came in a lawsuit initiated by Chaquico in April in the U.S. District Court for the Northern District of California for breach of contract and violation of §43(a) of the federal Lanham Act, and seeking an injunction to stop the band from using the Jefferson Starship name and his likeness. Chaquico v. Freiberg, 3:2017cv02423.

Magistrate James ruled that he could pursue his breach of contract claim against multi-instrumentalist David Freiberg and drummer Donny Baldwin — who have played with the band since the '70s and '80s respectively — for performance and merchandising revenues taken in since January 2016, when the band's co-founder Paul Kantner died.

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