The federal court issued its ruling on Monday (August 13) on the request made by ex-KYUSS members Josh Homme and Scott Reeder that it enjoin former bandmates John Garcia and Brant Bjork from using the name KYUSS LIVES!
Garcia, Bjork and ex-KYUSS bassist Nick Oliveri reunited for shows last year under the KYUSS LIVES! banner, in which they were joined by guitarist Bruno Fevery. The band has since toured on both sides of the Atlantic and was said to be planning a live album as well as a new studio CD.
Homme and Reeder filed a lawsuit against their former bandmates in March, claiming that they “made every attempt to help [Garcia and Bjork] continue KYUSS LIVES! respectfully. Only to discover while they looked us in the eye, KYUSS LIVES! management and band had filed federal documents in 2011 in an attempt to steal the name KYUSS. This is desperately what we were trying to avoid.”
In his ruling, the judge said that the new band may not use “the Kyuss mark in any capacity unless the word ‘Lives’ follows the word ‘Kyuss’ in equally prominent lettering,” He also prohibited KYUSS LIVES! from using the name “in conjunction with any studio album, live album, or other audio recording.” The judge also warned the members of KYUSS LIVES! that “future concerts under the Kyuss Lives mark might continue to subject them to liability for trademark infringement” and suggested, “It may be in Defendants’ best interest to begin re-branding under a new name.”
You can read the entire 17-page court document below.
In a May 2012 interview with RolllingStone.com, Bjork stated about Homme and Reeder‘s lawsuit, “They don’t want to mention that they trademarked the name KYUSS after I left the band, assuring that I had no rights in KYUSS‘ future. They’re both accusing John and I of doing something that they actually did themselves. 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.”
He added, “Josh and I were the creative force within the band and after the completion of our second record, ‘Blues For The Red Sun’, we developed an opposing view on how the band should exist and operate. In 1992 Josh discovered publishing, which is the financial revenue stream for songwriting. After that, he wanted to write all the songs. As a drummer, I couldn’t make him play my songs. I wasn’t going to compromise my heart and soul and play drums for Josh to make money in a band I started. So I left the band. I was a confused, angry and sad 19-year-old idealist who sacrificed my love of my band for what I believed in. Two and a half years later, Josh would break up the band after John confronted him about the same thing; his need to control the band for personal gain.”