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Judge rules on Kyuss Lives! lawsuit

on August 20, 2012, 4:30pm

kyuss lives Judge rules on Kyuss Lives! lawsuit

Earlier this year, Josh Homme and Scott Reeder filed a lawsuit against their former bandmates in Kyuss, citing “tradmark infringement and consumer fraud” for their use of the name Kyuss Lives! for ongoing reunion activities. As Rolling Stone reports, Judge S. James Otero of the United States District Court Central District ruled on the lawsuit today, and his verdict allows Kyuss Lives! to be used only in concert.

“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,” reads the verdict. “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.”

That said, the Judge warned that his verdict doesn’t fully protect the Kyuss! Lives name, and added “It may be in Defendants’ best interest to begin re-branding under a new name.”

3 comments

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Naked with a bowl of Jello
August 24, 2012 at 3:27 pm

Despite Garcia and Bjork attempting to steer the public perception of this lawsuit towards an unflattering portrayal of Homme, Reeder and Hernandez as being a trio of unreasonable, greedy liars (*see: the article in Rolling Stone), it would appear that it is actually Garcia and Bjork who are the unscrupulous ones. (*I’ll admit when I first read about any of this when it initially surfaced, my immediate reaction – without further facts or elaboration – was that Homme was indeed a greedy prick who was cock-blocking his old friends.)

Interesting that Bjork seems to think he’s entitled to using the name ‘Kyuss’ and any associated revenue it generates even though he left the band of his own accord back in 1993. If I’m not mistaken, that means he voluntarily surrendered any ‘rights’ he may have had by doing so. His continued attempts to paint Homme as the villain for trademarking the name ‘Kyuss’ after he left the band isn’t doing much for his own reputation.

The original arrangement – using ‘Kyuss Lives’ as a band name and touring with it – seemed to be working out fine for all involved until Garcia and Bjork decided to try and take the Kyuss name for themselves for the purposes of further touring and recording.This lawsuit ruling would appear to maintain the original parameters of the deal (*according to public record) all the principle members agreed upon.

I think Homme was well within his rights to put limitations and conditions around the ‘Kyuss Lives’ idea – most of the music is his; Bjork and Garcia should be a bit more grateful that he’s allowing them to play his songs with another guitar player in his place while they make cold hard cash from the nostalgia.

Now that that it’s all settled, perhaps ‘Kyuss Lives’ can return to the road and Homme can (finally) make another Queens record.

Brad Ausrotas
August 23, 2012 at 9:39 pm

Thank christ for this judge. Kyuss Lives! hasn’t lost a THING here. It’s back to the arrangement everyone agreed to in the start: they can tour the band, play the old songs, throw a big ol’ nostalgia party for everyone who has wanted Kyuss to get back together and hasn’t shut up about it for over a decade, WHILE STILL respecting the property of the other band members who do not want any new material released that just banks on the name ‘Kyuss.’ Tell me how that’s not fair.

It’s super clear to anyone who’s read up on this story, gone through the court documents, that Garcia and Bjork were trying to pull a fast one on Josh, who in my opinion was extraordinarily accommodating in the first place by letting them do this AT ALL. As one of the founding and principle members, as well as the guy who and owns 85% of the music, he had EVERY right to say ‘hey, no, sorry I don’t want the name Kyuss used at all unless I’m in the band which I never will be because I moved the fuck on and did other things with my life.’ But he didn’t. He said sure, people wanna see this, go and tour it and you have my blessing.

They were gonna try and trademark Kyuss without him. If you don’t think that’s sleazy, if you don’t think that smacks of greed, then there’s something wrong with you.

Riggs
August 20, 2012 at 5:45 pm

Thanks Josh happy now? Now get back to QOTSA and try to be great as before and leave these guys alone

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