Federal Judge Rules on Kyuss Lives! Lawsuit
They said they wanted to resolve their issues with their former bandmates "behind closed doors" before getting to work on their new album -- and it looks like the members of Kyuss Lives! got half of what they wanted from a federal court ruling handed down Monday (August 13).
The lawsuit, sparked when singer John Garcia and drummer Brant Bjork started touring as Kyuss Lives! without the participation of their fellow former Kyuss members Josh Homme and Scott Reeder, clouded the stoner rock legends' legacy in allegations of trademark infringement and consumer fraud. The judge's ruling basically dismissed those claims, but warned Garcia and Bjork that the next time, they might not be so lucky.
Saying the new band may not use "the Kyuss Mark in any capacity unless the word "Lives" follows the word "Kyuss" in equally-prominent lettering," the ruling dealt any long-term plans for Kyuss Lives! a serious blow by saying the name can't be used "in conjunction with any studio album, live album, or other audio recording."
And the judge didn't stop there, warning the members of Kyuss Lives! that "future concerts under the Kyuss Lives Mark might continue to subject them to liability for trademark infringement" and ominously suggesting, "It may be in Defendants' best interest to begin re-branding under a new name."
Something tells us we'll be hearing about a Kyuss Lives! name change in the not-too-distant future. In the meantime, you can pour yourself a few cups of coffee and pore over the complete 17-page ruling here: