Queensryche members, Michael Wilton, Scott Rockenfield and Eddie Jackson, filed a motion for a partial summery judgment against Tate last month, requesting that he barred from using the band name. Washington State Superior Court Judge Carol A. Schapira denied the motion on Friday, according to Billboard.biz who carried this statement from the band, "Queensryche is disappointed in the denial of the motion to prevent our former vocalist from using our name, but we respect the court's decision to do so. That said, we apologize for any confusion to our fans that a second entity sharing our name may cause," the band said in a statement to Billboard. "We look forward to seeing all of you on the road and bringing you new Queensryche music in the near future. Thank you all for your continued support, and for now we will just have to let the rocking do the talking."