I don't think the classic one is the one involved in the lawsuit.
According to this page
, which is the original reference in this current thread,
DC Shoes' lawyers looked into DC Comic's trademarks and discovered that, despite the fuss when their new logo was launched, they'd never actually got around to trademarking it properly.
The logo shown in that article for reference is this one:
Also, note that the article is dated 2008, long after DC had stopped using the classic logo with the 4 stars on the thick circular background. As far as I can tell, DC started using the 'one star' version of the logo in July of 2005. So when the article was written in 2008, that "one star" logo was "the new one" to which it was referring. Also, surely by 2008, there would not have been a kerfluffle over a logo that DC was no longer using... and DC would not have paid to 'keep using it.' Also, according to this article
, the current logo was put in place because DC got tired of paying "royalties" on the "circle with one star" logo.
So I'm pretty sure the classic logo was not the subject of the suit.