Boston leader suing former bandmember

Boston leader Tom Scholz has filed suit against latter-day guitarist Anthony Cosmo over the use of the band's name. Scholz made his move after Cosmo began advertising his connection to the group, which is a violation of his contract, according to the Boston Business Journal. Scholz is also upset because Cosmo and his father Fran, who was a lead singer with the group, played a show recently in St. Croix that they advertised as Boston.

The lawsuit, which was filed in Suffolk Superior Court in Massachusetts, seeks to force Cosmo to honor the contract, as well as repay legal fees. The contract in question expires in March, but certain parts will be in effect forever, including the ban on his using the name Boston to promote himself, and Scholz's lawyer said, "Tom Scholz owns the trademark, the name, and there's a lot of value to that, and he wants to protect that value."

Scholz told Cosmo via e-mail that he couldn't afford to take him on future Boston tours, and Cosmo's agent responded that meant the contract was null and void, but Scholz replied that the deal still in effect. Cosmo's agent Anthony Messina wouldn't comment on the St. Croix concert billing because he didn't represent Cosmo at the time, but in regards to linking his client to Boston, Messina said, "Anthony and his father Fran were in Boston, and to dispute that ever took place would be an infringement on their speech."

Boston is mapping out a tour for this year, and the Cosmos won't be part of the band.

Anthony and Fran Cosmo have their own band named Cosmo, and you can check out some of their music at myspace.com/cosmotheband.
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