Federal Judge Rules On KYUSS LIVES! Lawsuit
August 15, 2012, 11 years ago
In March, former KYUSS members Josh Homme and Scott Reeder filed a federal lawsuit against ex-bandmates John Garcia and Brant Bjork over their involvement in the band KYUSS LIVES!, alleging "trademark infringement and consumer fraud."
According to CityOfDevils.com, on Monday, August 13th, the federal court issued its ruling on the request made by Homme and Reeder that it enjoin former bandmates Garcia and Bjork from using the name Kyuss Lives!. The result was a mixed bag, basically allowing the status quo to be maintained, but also warning Garcia and Bjork that even performing under the name may cost them some serious dough in the end.
The Court will issue a preliminary injunction prohibiting Defendants from using the Kyuss Mark in any capacity unless the word "Lives" follows the word "Kyuss" in equally-prominent lettering. The Court will issue a preliminary injunction prohibiting Defendants from using the Kyuss Lives Mark in conjunction with any studio album, live album, or other audio recording. The Motion is denied, however, with respect to Plaintiffs' request that Defendants be enjoined from using the Kyuss Lives Mark in conjunction with concerts and live performances.
Defendants are warned, however, that future concerts under the Kyuss Lives Mark might continue to subject them to liability for trademark infringement. It may be in Defendants' best interest to begin re-branding under a new name.
The court document can be found below:
