In October 2013, a federal judge denied the motion for a preliminary injunction, brought by Ginn and SST against Morris, Dukowski, Stevenson, Cadena, and Egerton. The court ruled that it was possible that the logo had fallen into "generic use," but did not rule specifically that it had done so. The court also ruled that Ginn and SST could not prevent the use of the band name "Flag," as it was likely that fans would know the difference between the two acts, because of widespread publicity.