Kyuss Lives at Stubb's, Austin, TX Oct 2011 (more by Tim Griffin)
Chalk one up in the win column for Kyuss Lives! Well, sorta.
Former Kyuss guitarist Josh Homme and bassist Scott Reeder recently filed a federal lawsuit against their former bandmates John Garcia (vocals) and Brant Bjork (drums) to prohibit the latter duo from continuing to use the Kyuss Lives! moniker for their band.Former Kyuss members pursued the remainder of the gang who have been touring as Kyuss Lives! as of late. No word on if the band will change their name on the advice of the judge.
On Monday, Judge S. James Otero of the United States District Court Central District of California announced his verdict, which weighs somewhat in favor of Garcia and Bjork.
Essentially, Kyuss Lives! can use their name in concert, but not for recordings. "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."
But this ruling doesn't fully protect Garcia and Bjork from running into further troubles down the road even if they use the Kyuss Lives! name solely for concerts. "It may be in Defendants' best interest to begin re-branding under a new name," the judge wrote. - [Rolling Stone]