The motion involves some of the group’s best-known radio favorites, including “Separate Ways,” “Open Arms,” “Anyway You Want It,” “Who’s Crying Now,” “When You Love a Woman” and others. Perry’s petition says Cain and Schon filed to register the songs in 2020 through Freedom JN LLC for use on hats, T-shirts, athletic jackets and other paraphernalia.
The U.S. Patent and Trademark Office issued the registrations between February and May. Perry says they violate an earlier agreement that stipulates decisions like these must be made with “prior, written unanimous consent of all partners in each instance.”
Those guidelines remain in place on songs where Perry is the sole credited songwriter (including “Hopelessly in Love,” “Stay Awhile” and “Lovin’, Touchin’, Squeezin'” from the filing) as well as on group compositions like “Stone in Love,” “Girl Can’t Help It” and “Send Her My Love.” Perry had no hand in writing “Wheel in the Sky,” which is also included in his petition. Songwriting credits for each track are broken down by percentage in the filing.
This latest legal dispute follows a huge rift involving former bassist Ross Valory and drummer Steve Smith, which briefly led to competing lawsuits over control of the band. Cain and Schon have already sold their song ownership interests to Hipgnosis, in June 2019 and February 2020, respectively.
Perry’s petition, executed by Krane & Smith APC, also charges Cain and Schon with using “false or misleading information” in securing the trademarks.
Rockers Whose Bands Tried to Erase Them
Their names never made it onto album covers and bands’ official websites – or, worse, they got deleted after some falling out.
You Think You Know Journey?