John Homme took the band to court when he suspected they would steal the original Kyuss trademark. Now a judge says to move on under a new title.
Posted on Aug 17, 2012 12:58 pm
A judge has ruled on the spat between Kyuss Lives! and former founding member Josh Homme, and has set strict guidance on how they must use the title.
Homme who now fronts Queens Of The Stone Age was a member of Kyuss until they split in 1995. In 2010 the other three members reunited under the banner Kyuss Lives! and performed live with Hommes blessing that is, until March this year when Homme uncovered their plans to drop the "Lives!" suffix and steal the original Kyuss brand.
The band accused Homme of double standards: "They don't want to mention that they trademarked the name Kyuss after I left the band [in the 1990s], assuring that I had no rights in Kyuss' future," said drummer Brant Bjorn.
Now Judge James Otero has issued a preliminary injunction which prohibits the band from using "Kyuss" unless the word "Lives" follows in equally prominent lettering, according to Classic Rock.
Judge Otero also banned them from ever recording under either name, to support Homme's wish of maintaining the Kyuss legacy.
However, the group may yet be banned from using either title in a future court hearing. "It may be in Defendants' best interest to begin re-branding under a new name," said the judge.
The lineup is expected to record a new album, but are yet to confirm when or under what name.