Published Aug 20, 2012A California judge has ruled on the lawsuit former Kyuss guitarist Josh Homme and bassist Scott Reeder filed against their ex-bandmates, vocalist John Garcia and drummer Brant Bjork, for trademark infringement and consumer fraud over the use of the latter pair's current incarnation, Kyuss Lives! Interestingly, neither party truly won in the case.
According to verdict by Judge S. James Otero of the United States District Court Central District of California [via Rolling Stone] this morning (August 20), Kyuss Lives! will be able to retain their moniker for live performances, but will not be able to use it on 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," the verdict reads. "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."
Neither party has commented post-ruling, but both sides seemed bitter in the months leading up to the judgement.
Bjork had previously claimed that Homme and Reeder had only trademarked the Kyuss name after Bjork had left the band in 1993, and called into question whether it was actually the pair that had stolen the title.
"They're both accusing John and I of doing something that they actually did themselves," he told Rolling Stone. "Their inner conflict is this -- both Josh and Scott want control and money from Kyuss Lives!, but they don't want to participate and they ultimately don't want us to exist. The double standard is unbelievable."
Garcia added, "Because of Josh and Scott, this is a very sad time for Kyuss fans. As I have always said, it was only out of pure respect that I decided to name the band Kyuss Lives! and not Kyuss, and it was because one of the major pieces -- Josh -- was not there and everyone knew that."
Homme and Reeder's original statement on the issue claimed that the members of Kyuss Lives! "filed federal documents in 2011 in an attempt to steal the name Kyuss."