It’s been about six months since Joshua Homme and Scott Reeder filed suit against vocalist John Garcia and drummer Brant Bjork in an attempt to bar them from using the Kyuss trademark while touring and recording under the moniker Kyuss Lives! This past Monday, though, the United States District Court Central District of California gave their ruling on the matter, and it doesn’t look like Kyuss Lives! will live on for much longer.
According to City Of Devils, the Court is allowing Garcia and Bjork to continue performing under the moniker (as long as it’s not solely billed as Kyuss). However, the duo is officially barred from recording and releasing material under the name Kyuss Lives! Here’s a direct quote from the document (as seen here):
“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.”
So there you have it: Garcia and Bjork are officially not allowed to record music as Kyuss Lives! While they technically still have the right to perform under the name, the Court did warn them 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.” Thus, it’s safe to say that this can be consider a win for Homme and Reeder.
No word yet on whether Garcia and Bjork will appeal the Court’s ruling. Regardless, this definitely puts a damper on the two’s future plans, as well as for anyone who was excited to hear new material from Kyuss Lives!
[by way of The PRP]