Today the federal court issued its ruling on the request made by Josh Homme and Scott Reeder that it enjoin former bandmates John Garcia and Brant 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. Here's the money shot:
The Court will issue a preliminary injunction prohibiting Defendants from using the Kyuss Mark inany capacity unless the word "Lives" follows the word "Kyuss" in equally-prominent lettering. TheCourt will issue a preliminary injunction prohibiting Defendants from using the Kyuss Lives Markin 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 KyussLives Mark in conjunction with concerts and live performances.
Defendants are warned, however, that future concerts under the Kyuss Lives Mark might continueto subject them to liability for trademark infringement. It may be in Defendants' best interest tobegin re-branding under a new name.
When a judge makes a suggestion, it usually pays off to take it. I suggest a return to the original name, KATZENJAMMER. And here's the full ruling if you want all the deets: