Jefferson Starship member can sue others
Guitarist OKd to pursue case over band name
A lead guitarist of the Jefferson Starship has somebody to sue — five members of the venerable rock band, for continuing to use its name in alleged violation of a promise to stop after founding member Paul Kantner died last year.
U.S. Magistrate Maria-Elena James of San Francisco ruled Friday that guitarist Craig Chaquico could pursue a breach-of-contract suit against two fellow original Starship members, vocalist and keyboard player David Freiberg and drummer Donny Baldwin.
James dismissed the second claim of the suit, false advertising, but said Chaquico could reinstate it if he presented evidence that advertising and promotion of the band created an impression that Chaquico was part of it.
Kantner and Chaquico launched the Jefferson Starship in the early 1970s as a successor to the Jefferson Airplane, the 1960s band renowned for hits including “White Rabbit” and “Somebody to Love.” Airplane lead singer Grace Slick had an off-and-on relationship with the new band but joined it for the 1985 hit “We Built This City.”
Kantner left the band in 1984 and, after a series of legal squabbles, was allowed to continue recording as Jefferson Starship, while the remaining members called themselves Starship. After Kantner’s death in January 2016, Chaquico — who had left the group in 1990 — sued the remaining members, saying the agreement to use the band’s former name had perished along with Kantner.
James, in her ruling, said Freiberg and Baldwin, who both rejoined the Jefferson
Starship in the mid-2000s, may have signed the original agreement to use the name only as Kantner’s bandmates and, if so, had violated it by continuing to perform under the Starship moniker.
Chaquico also accused Freiberg, Baldwin, and fellow band members Chris Smith, Jude Geld and Catherine Richardson of false advertising by allegedly promoting the band as the original Jefferson Starship. James said Chaquico had failed to allege that the ads created “the misimpression that (he) sponsors, endorses, or is affiliated with the current Jefferson Starship,” but could reinstate his claim by filling that gap.
David Swift, a lawyer for Chaquico, said Monday he was generally pleased with the ruling and would seek a court order requiring the band to change its name. It was important to Chaquico, he said, “to protect the legacy of Jefferson Starship by preventing unauthorized bands, like the defendants in this case, from using the iconic name.”
Hillel Frankel, a lawyer for the band members, praised the dismissal of the false advertising claim.
“We look forward to the opportunity to prevail on the remaining claim,” he said. “The band is looking forward to continuing to perform for their fans across the country.”
Guitarist Craig Chaquico wants to “protect the legacy of Jefferson Starship.” David Swift, lawyer for Chaquico