Suit was over trademarks for some of the band’s biggest hits

Steve Perry has filed a petition to withdraw his lawsuit against his former Journey partners, Neal Schon and Jonathan Cain. Perry filed the suit in September over the use of 20 of the band’s songs as registered trademarks. Between February and May 2022, Schon and Cain, who own the trademarks under their Freedom JN LLC banner, were granted trademarks for some of the band’s biggest hits, like “Separate Ways,” “Open Arms” and “Anyway You Want It” for use on merchandising, such as hats, jackets, shirts, etc., without Perry’s consent.

On Friday (Jan 6th), Schon shared the a screenshot of the filing on Twitter from United States Patent and Trademark Office that states, “Petitioner, without the written consent of Respondent, filed a withdrawal of the petition for cancellation on January 4, 2023. Trademark Rule 2.114(c) provies that after an answer is filed, the petition for cancellation may not be withdrawn without prejudice except with the written consent of Respondent. In view thereof, and because the withdrawal was filed after the answer, the petition for cancellation is denied without prejudice.”

Schon, who is currently in a bitter back and forth with keyboardist and vocalist Jonathan Cain, added, “So much for JC trying to throw me under the bus as he claimed I was blatantly trying to rip off SP while collecting the checks for the very diligent work my wife and I did to protect our Merch. Time for coffee.”

A fan asks, “Is Steve dropping the suit?” to which Schon replies, “Yes he did. Now we can talk as we were.”

It’s unclear why Perry canceled the suit, but Schon had initially responded on social media, calling the suit “a bunch of total crap.”

While some details remain vague, Schon says that Perry forced the group to sign an agreement in the mid-90s that required unanimous business decisions between each partner before he’d appear on stage in a series of sold out gigs in Hawaii at the time. Perry was a member of Journey from 1977-1987 and then again from 1995-1998. He reunited with the group for their Rock and Roll Hall of Fame Induction in 2017, but did not perform with the classic band.

As previously mentioned, Schon and Cain are currently embattled in a suit over an American Express credit card. In November, Schon filed suit against Cain to “obtain critical financial information Schon has been trying to obtain but has been denied.” In the lawsuit, Schon states he “has the right to access and control [of the duo’s jointly owned company] Nomota’s books and records” and have “unfetted access to Nomota’s records so that he can oversee and manage Nomota/Journey.”

Schon has also been actively sharing his thoughts on social media, forcing Cain to respond.

“This is a matter that should have been resolved privately, but I am forced to publicly respond now to Neal’s malicious lies and personal attacks on my family and I in an effort to garner public support for his ill-conceived lawsuit — a lawsuit that has absolutely no merit,” Cain says. “Neal has always had access to the credit card statements; what he lacks — and what he is really seeking — is the ability to increase his spending limits. Since Neal decided to publicize what is going on, I can tell you we will present the evidence to the court that shows that Neal has been under tremendous financial pressure as a result of his excessive spending and extravagant lifestyle, which led to him running up enormous personal charges on the band’s credit card account. When efforts were made to limit his use of the card to legitimate band expenses, Neal unfortunately decided to attack me rather than trying to get his reckless spending under control. I am saddened by the situation — for Neal and for our fans — but since Neal filed a lawsuit, I suspect he will not be able to ignore the court like he has ignored the countless financial advisors and accountants he has fired over the past several years who have tried in vain to help him.”

Schon and Cain were both managing the band jointly until last month when they hired Def Leppard manager Mike Kobayashi.

A preliminary hearing is set for March 3rd. The duo continues to fight publicly with Schon recently writing on Twitter, “No one is going to dictate to me at this point what I can and cannot do in regards to Journey. I haven’t been here and not here to take orders — never have and never will. It’s my band and I’ll own it as I should and make the right changes as needed.”

Earlier this week, The New York Post reported that Schon sent a cease-and-desist letter to Cain’s wife, Paula White-Cain, last month for obtaining information regarding the band’s bank accounts without Schon’s concent. The letter states that White-Cain’s signature has appeared on the band’s band accounts since July 2020 and was asked to remove herself by December 27th.

“We have learned that despite the prior mutual agreement between Mr. Schon and Mr. Jonathan Cain that the business of the band and the Journey Related Entities would be handled only by Mr. Schon and Mr. Cain as individuals, your name appears as an authorized signatory on the City National Bank accounts of Freedom JN LLC,” the letter reads. “We further demand that you immediately cease and desist and refrain in the future from inserting yourself in any business of the band and any legal entities used by the band as this contradicts the existing agreement between Mr. Schon and Mr. Cain.”

Schon has also accused Cain of performing Journey music at a recent Mar-a-Lago gala for former President Donald Trump, who Paula once served as spiritual advisor.

It’s unclear how the situation will affect the band’s upcoming 50th Anniversary Celebration Freedom Tour 2023. Schon recently stated on social media that co-founding keyboardist Gregg Rolie will be joining the band on the trek.

“We’ve written great music. Gregg Rolie will be there also. Channel the great music. Honor it,” Schon confirms.