Survivor co-founder sues over band name

CHICAGO, Feb. 28 (UPI) -- A federal lawsuit filed in Chicago by a Survivor co-founder seeks to halt a current version of the band from using the name, his attorney says.

Frankie Sullivan, who lives in the Chicago suburb of Palatine, filed suit in U.S. District Court claiming a promoter in New Hampshire is improperly using the Survivor name to promote concerts featuring the band's former lead singer, Jimi Jamison, the Chicago Tribune reported Sunday.

The suit asks that the promoters be barred from using Survivor in any of its advertising or billing and also seeks damages as well as a cut from previous concerts.

Jamison was Survivor's lead singer from 1984 to 1993 and again from 2000 to 2006, the Tribune said, noting it was his vocals on the band's only No. 1 hit, "Eye of the Tiger."

Sullivan won the legal rights to the name Survivor in 1999 and an agreement Jamison signed before rejoining Survivor in 2000 stipulates he only can use the band's name in biographical material.

"It's been 15 years that we've been protecting our client's rights," attorney Annette McGarry told the Tribune. "It's our legal obligation to police this trademark."