The Journey band lawsuit ended in an amicable settlement announced on April 1, 2021, resolving a yearlong fight in which guitarist Neal Schon and keyboardist Jonathan Cain accused drummer Steve Smith and bassist Ross Valory of staging a “corporate coup d’état” to seize control of the company that owns the Journey trademark. Financial terms were not disclosed. The deal confirmed that Smith and Valory were no longer members of Journey, and the band continued touring under Schon and Cain.1Rolling Stone. Journey Members Reach Amicable Settlement in Battle Over Band Name
What the Fight Was Really About
Journey’s business runs through a California corporation called Nightmare Productions, Inc., which owns the registered trademark for the Journey name. In 2020, shares were held in equal portions by five people: Schon, Cain, Valory, Smith, and former lead singer Steve Perry. The corporation had a three-member board, and going into 2019 those directors were Schon, Cain, and Valory, with Cain as president.2BusinessWire. Journey Complaint
The right to actually use the Journey name on tour and on records sat in a separate 1985 agreement. Nightmare Productions granted an exclusive, royalty-free trademark license to a partnership called Elmo Partners, made up of Perry, Schon, and Cain. When Perry left in 1998, he signed away his ability to block the other two from continuing to use the name, leaving Schon and Cain with practical control of the mark.2BusinessWire. Journey Complaint
The February 2020 Board Meetings
On January 31, 2020, attorney Daniel Schacht, acting for Smith and Valory, sent notices calling two back-to-back special meetings for February 13, 2020, in San Rafael, California. One notice proposed expanding the Nightmare Productions board from three members to six. The other proposed replacing Cain as president. Both bore what looked like Cain’s electronic signature, but Cain said he never approved or signed them.3Rolling Stone. Journey Fire Ross Valory, Steve Smith, File Lawsuit
The meetings went ahead. Smith and Valory, with allies holding enough combined shares to form a majority, voted to expand the board and install Smith, Valory, and two associates as new directors. The reconstituted board then removed Cain as president, installing Smith in his place, and removed Schon as secretary, installing Valory.2BusinessWire. Journey Complaint
The Complaint and the Cross-Complaint
Schon and Cain sued on March 3, 2020, in the Superior Court of Contra Costa County, California, seeking more than $10 million in damages. Their complaint asked the court to void the February 13 meetings and votes and to confirm that the Elmo Partners license was still in force, leaving Schon and Cain with exclusive rights to the Journey name. Schon and Cain accused Smith and Valory of trying to extract a perpetual licensing cut of touring revenue even though neither planned to keep performing with the band.4Billboard. Journey Band Members Agree to Settle $10 Million Lawsuit5WMGK. Journey Settle Attempted Corporate Coup D’Etat Lawsuit Against Steve Smith, Ross Valory The same day, attorney Skip Miller sent Smith and Valory a letter formally terminating them from the band.6Miller Barondess. Miller Barondess Files Lawsuit on Behalf of Key Members of Iconic Rock Band Journey
Valory answered on April 6, 2020, with a 75-page cross-complaint in the same court. He called the “coup” framing a “deceptive, misleading and false premise,” saying he was participating in a legitimate vote to change the number of directors in order to protect the Journey brand. Valory alleged that Schon had jeopardized the trademark by launching a side project called Neal Schon’s Journey Through Time, and that Schon and Cain wanted the rhythm section gone so they could split touring revenue 50/50 rather than five ways.7Allman Brothers Band Community. Journey Fires Drummer Steve Smith and Bassist Ross Valory Miller told reporters the cross-complaint had “no merit whatsoever.”1Rolling Stone. Journey Members Reach Amicable Settlement in Battle Over Band Name
The April 2021 Settlement
On April 1, 2021, the parties announced an “amicable settlement agreement” resolving all claims. In a joint statement, Schon and Cain acknowledged “the valuable contributions that both Ross Valory and Steve Smith have made to the music and the legacy of Journey,” and Valory and Smith wished their former bandmates “well and much success in the future.”1Rolling Stone. Journey Members Reach Amicable Settlement in Battle Over Band Name The financial terms were not made public. What the deal made official was already the practical reality: Smith and Valory were out.8Ultimate Classic Rock. Journey Settlement Ross Valory Steve Smith
Valory later described the outcome as mediated. “There was controversy and personal and business conflicts,” he told Rolling Stone in 2024. “But we worked out our differences in a relatively short time. We had a mediated settlement that everyone was happy with. And since that time, we’ve all gone our own way.”9Rolling Stone. Journey’s Ross Valory Interview
Who Plays in Journey Now
Journey moved to replace Smith and Valory well before the settlement was finalized. In May 2020, the band announced a lineup featuring bassist Randy Jackson, who had played on Journey’s 1986 album Raised on Radio, along with drummer Narada Michael Walden and keyboardist Jason Derlatka.10Paste Magazine. Journey Settles Lawsuit With Former Members Steve Smith and Ross Valory In July 2021, drummer Deen Castronovo rejoined as a second drummer alongside Walden.11Cool 103.5. Journey Welcomes Drummer Deen Castronovo Back Into the Band
Neither Smith nor Valory returned. As of a late 2024 interview, Valory said he was no longer in contact with his former bandmates and that “everybody’s moved on with their lives.” He released a solo album, All of the Above, in April 2024.9Rolling Stone. Journey’s Ross Valory Interview
The 2021 settlement resolved only the Smith and Valory dispute. Later legal fights between Schon and Cain over the band’s touring company are separate matters and were not part of this case.