Journey sue Steven Smith & Ross Valory over alleged 'coup'
, alleging the two attempted a"coup" in order to gain control of the “Journey” trademark. According to the complaint, which was filed in California Superior Court on Tuesday, Schon and Cain are seeking damages in excess of $10 million. They have also expelled Smith and Valory from the band.
The suit, which was filed by law firm Miller Barondess, lays out what the plaintiffs allege was an underhanded effort by their former bandmates to steal away the “Journey” name, to which Schon and Cain claim they own the exclusive rights per a 1998 agreement signed with former frontmanwhen he left the group.
The alleged plot by Valory and Smith to assume control of the trademark culminated on Feb. 13, 2020, when Schon and Cain allege the two men held “improper” shareholder and board of directors meetings of Nightmare Productions under the"incorrect" assumption that the company held the rights to the Journey name.
“With control of Nightmare Productions, per the Complaint, Smith and Valory incorrectly believe they can seize control of the Journey name and force Schon, Cain and Nightmare Productions to provide them with wind-fall payments after their retirement; they want to be paid a share of Journey touring revenue in perpetuity under the guise of a licensing fee while they perform absolutely no work for the band,” said Miller Barondess in a press release announcing the lawsuit.
Though both Smith and Valory have been members of Journey on and off since the band formed in 1973, the complaint diminishes their contributions to the group, stating that the two “have very few song credits on Journey’s albums.” Schon is the only founding member of Journey that remains in the band. Cain joined in 1980, departed in 1987 and returned in 1995 and has played with them ever since.
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