Lawsuit, 61/49, and continued touring (1987–present)
In the late 1980s, the Romantics discovered that their managers had been misappropriating the profits earned by the band from its records and live performances. Additionally, one of their releases (the aforementioned "What I Like About You") had been licensed for use in television commercials without the band's knowledge or approval. Consequently, the Romantics filed a lawsuit against their management in 1987, and the legalities involved prevented the band from recording new music until the mid-1990s.
Former Blondie drummer Clem Burke replaced David Petratos as the Romantics' drummer in 1990. For much of the 1990s, the Romantics played obscure performances in small venues, largely forgotten and out of the public spotlight.
The Romantics' fortunes began to rise again in the middle of the 1990s, as the band's success in its lawsuit against its former management freed the band to record again (and ensured that future earnings from the licensing of Romantics songs would go to the band). The first fruit of the band's new recording activity was the 1993 UK-only EP Made In Detroit. Several Romantics greatest hits packages were issued during the 1990s, as was the live album The King Biscuit Flour Hour Presents: The Romantics Live In Concert, a 1996 release of an October 1983 recording of a Romantics concert in San Antonio, Texas at the height of the band's popularity.
Jimmy Marinos, the Romantics' original drummer, temporarily returned to the band for a series of performances in 1996–1997 (with Clem Burke returning to the Romantics' drumstool after Marinos departed again). In 2003, twenty years after the release of their most commercially successful album, In Heat, the Romantics released 61/49–a more roots rock and blues-oriented record than the band's previous efforts. Although Clem Burke performed as the band's primary drummer on the release, original drummer Jimmy Marinos is featured on half of the tracks. The album was not a great commercial success but it was well received by critics.
A fourth drummer, Brad Elvis, (formerly from the Elvis Brothers, and currently the Handcuffs) replaced Clem Burke as the Romantics' regular drummer in 2004 after Burke returned full-time to a reactivated Blondie. 61/49 was named most Outstanding National Small/Independent Label Album at the Detroit Music Awards in 2004.
On November 21, 2007, The Romantics filed a lawsuit against Activision, RedOctane, Harmonix, and Wavegroup Sound over the cover of the song "What I Like About You" used in Guitar Hero Encore: Rocks the 80s. While the game developers did secure appropriate rights to cover the song in the game, The Romantics claim that the cover is "virtually indistinguishable from the authentic version" and thus would "[confuse] consumers into believing that the band actually recorded the music and endorsed the product". The lawsuit requested the cessation of sales of the game and monetary damage.
A summary judgment hearing was held on July 9, 2008, the case was dismissed the next month, and U.S. District Judge Nancy G. Edmunds stated that Activision had obtained the proper licensing for the works and that the band no longer held the copyright on the work.
Rich Cole returned to the band after a long absence in 2010. Longtime lead guitarist Coz Canler left the band in 2011, allowing Skill to return to the original lead guitarist role he held in the band. In June 2011, the Romantics were voted into the Michigan Rock and Roll Legends Hall of Fame.
