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Last Updated: May 25, 2013 9:21 PM




Federal Judge Rules On KYUSS LIVES! Lawsuit - Aug. 15, 2012
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."



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COMMENT | please
posted by : luvbuder
8/15/2012 11:00:16 AM
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will some dickhead explain this in terms my dumbass can understand


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COMMENT | 'RE: please'
posted by : luvbuder
8/15/2012 11:00:38 AM
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*first post


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COMMENT | 'RE: ''RE: please'''
posted by : RedHotChickenVomit
8/15/2012 11:45:10 AM
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Well, let me be the dickhead to your dumbass (i'm flattered and with all due respect)...

Basically the judge is a fucking pussy and he really isn't making much of a ruling other than how the logo text is to appear when they promote.

He's a pussy for not making a definitive ruling... he's saying they can basically use that name for now but if they get sued again a REAL judge with balls may rule against them.

That's about it.

To my bro, FadedLine... is that a pretty fair assessment?


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COMMENT | 'RE: ''RE: ''''RE: please'''''''
posted by : luvbuder
8/15/2012 11:49:54 AM
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thanks pal!


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COMMENT | 'RE: ''RE: ''''RE: ''''''''RE: please'''''''''''''''
posted by : RedHotChickenVomit
8/15/2012 11:54:05 AM
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Anytime, buder!


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COMMENT | 'RE: ''RE: ''''RE: please'''''''
posted by : SnarfSnarf
8/15/2012 11:52:26 AM
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Why should a judge waist his precious time he could be spending golfing or banging his misstress by thinking about some desert rock stoners and one Belgian guitar player who can't agree on their stoner bands name?????


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COMMENT | And with that...
posted by : extolthechrist
8/15/2012 11:00:47 AM
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Kyuss Dies! Sorry, could't help myself. Sucks for them. At least they can use "formerly of Kyuss" in their billing. This and the Queensryche thing just gives me more respect for Max Cavalera not trying to form his own Sepultura.


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COMMENT | 666
posted by : mastodon1314
8/15/2012 11:03:00 AM
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This is just sad and makes a reunion something Guns n roses like! Really sad and pointless!


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COMMENT | #
posted by : BLSDMF
8/15/2012 11:05:42 AM
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Slayer!


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COMMENT | Skip
posted by : extolthechrist
8/15/2012 11:05:45 AM
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to the end. At the bottom of page 17 is the ruling. It lays out, in simple language, how the Kyuss and Kyuss Lives! names can or cannot be used:

1.Defendants are preliminarily enjoined from using the Kyuss Mark in commerce unless the word "Lives" immediately follows the word "Kyuss" in equally prominent lettering;

2.Defendants are preliminary enjoined from using the Kyuss Lives Mark in conjunction with any musical album, studio album, live musical performance album, or other audio or visual recording;

3.Notwithstanding this preliminary injunction, Defendants are permitted to make truthful factual statements that utilize the word "Kyuss," such as referring to Garcia and Bjork as former members of the band Kyuss; and

3. (sic) Plaintiffs shall post a $200,000 bond within 14 calendar days of the date of this order.


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COMMENT | Idea.
posted by : KILO G
8/15/2012 11:06:21 AM
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Use a different band name. I'm interesting in John and Brant
doing music together. I dont care what's it called.
Kinda thought they should'nt use the Kyuss name anyway.


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COMMENT | $200,000 Bond
posted by : extolthechrist
8/15/2012 11:11:12 AM
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Now you know why more bands aren't seeking to enjoin former members from starting their own versions of a band. Not many folks have $200,000 laying around.


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COMMENT | #
posted by : Million Dollar Man
8/15/2012 11:15:04 AM
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This is why reunions are pointless. If you can't rely on a complete original lineup, or at least having the key songwriter, putting out a bastardized name is just confusing for fans who aren't news-savvy. I'm not going to tell them what they can or can't do with a name they all helped build equally, but if they can't record under the name Kyuss Lives!, and they're extremely restricted in its usage, do what musicians do and write new shit that speaks for them in 2012, not a nostalgia trek.


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COMMENT | #
posted by : pigchop
8/15/2012 11:18:13 AM
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It's sad how the business of being a band overshadows the music too often. I learned that the hard way.


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COMMENT | 'RE: #'
posted by : IceFront
8/15/2012 12:03:59 PM
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Even that post got a thumbsdown?
Seriously???


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COMMENT | #
posted by : IceFront
8/15/2012 11:37:29 AM
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You know ppl are up to no good when they register a bandname as a trademark.


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COMMENT | 'RE: #'
posted by : IceFront
8/15/2012 12:03:05 PM
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To the person down-thumbing me:
have you got a sunshinestory about a registered bandname to tell us, if so pls do.


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COMMENT | on Josh's side here
posted by : brir
8/15/2012 11:40:47 AM
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according to Bjork, he trademarked the name in 1992? Why did these guys think they could do it in 2011? And it's clear that Homme had no problem with them TOURING and making money using the 'Kyuss Lives' moniker, he just didn't want them making a studio album, since he was the primary songwriter. It may not be the nice thing to do to your old bros, but legally i'm not sure where Bjrok and Garcia thought they had a leg to stand on???


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COMMENT | new name
posted by : OSC
8/15/2012 11:43:35 AM
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Where are they gonna get the 200,000...... Seems like they have to find a new name........ and use formally of Kyuss.... we will see. Soumds like they will make new music.. the surely got fucked..


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COMMENT | Simple.....
posted by : flumphert
8/15/2012 11:54:53 AM
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Kyuss Dead!


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COMMENT | New name should be......
posted by : Neil Young's Cocaine Booger
8/15/2012 11:57:40 AM
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J.H. Is A Pussy Whipped Dildo.


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COMMENT | 'RE: New name should be......'
posted by : IceFront
8/15/2012 12:00:15 PM
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Or they can simply move to Canada and continue to call them selves Kuyss Lives! or even Kyuss.
I don't think Homme has bothered to register the trademark in other countries, and trademark has to be registered in each country.


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COMMENT | 'RE: ''RE: New name should be......'''
posted by : IceFront
8/15/2012 12:01:05 PM
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Dunno why that post ended up as a reply. But nm...


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COMMENT | dickflagg
posted by : Neil Young's Cocaine Booger
8/15/2012 11:59:06 AM
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Scott is going where the $$$$$ is. Maybe he thinks Josh will give him a nickel?


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COMMENT | Let the band rest.
posted by : RiotAct666
8/15/2012 12:00:27 PM
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Rather have a new QOTSA or even Them Crooked Vultures album from Josh Homme.


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COMMENT | Stoner band, eh?
posted by : Norsk_Arisk_Nu-Metal
8/15/2012 12:21:59 PM
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Well, they must have been high when they hatched up this idea! Did they seriously think they could tour and record using a monicker that clearly implies that they are Kyuss?

And to the poster who suggested they move to Canada and use the Kyuss name there: please, don't give them any ideas!


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COMMENT | Josh are Scott - no longer have my support
posted by : deepunderdirt
8/15/2012 12:33:18 PM
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I'm a long time fan of Kyuss and then Queens of the Stone Age. Josh has once again bullied his way into not allowing these guys to make a living using the name of something they were a major part of, especially Brandt who wrote a lot of the material. Scott has been one of my favorite bassists as well since his Kyuss and Obsessed days, but I will no longer support his lame ass pop metal project or anything else he touches - done supporting him. Josh, well he hasn't made a good QOTSA album since SFTD. Says he wants to project the legacy of Kyuss - well he is killing it. The Kyuss Lives! project was amazing live, I'm really glad I got to see it last year - they did major justice to the songs, in fact Bruno was fantastic on guitar and had better tone and more aggression than Josh ever did. What they are all forgetting - the fans are the one's getting screwed over by this - Josh and Scott, hope you are happy - fuck you both. Just lame. Brandt and John - call the band Kings of the Desert and give that jack-off Josh a run for his money.


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COMMENT | KYASSAKI
posted by : destructivesounds
8/15/2012 1:19:49 PM
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Kaka

I don't give a fuck.

Just have Garcia sing with some down-tuned guitars.



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COMMENT | #
posted by : Double Shit-Talkin Jive
8/15/2012 1:22:46 PM
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Josh Homme is a complete jackass


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COMMENT | Josh Homme is a good man...
posted by : Norsk_Arisk_Nu-Metal
8/15/2012 1:33:05 PM
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...and thorough.


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COMMENT | #
posted by : TheEagle
8/15/2012 3:16:32 PM
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I am with Homme on this! If the band wants to write and record new music, they should do it under a different, NEW name. This is not Kuyss as it's a different band in which the main songwriter isn't Josh Homme.

Simple.


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COMMENT | #
posted by : gunnarcannibal
8/15/2012 5:58:35 PM
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Good. They should stop making a mockery of Kyuss and keep it pure. There is enough talent there to create a new band like Homme did. Homme didn't go around playing Kyuss songs even though he was the main song writer. Let it go, if you missed out on Kyuss at their prime (like I did) then that's tough shit and that is life.


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COMMENT | word of mouth band
posted by : youcunt
8/15/2012 7:14:37 PM
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Josh took "control [of] the band for personal gain."? Really Bjork?

Coz they were raking in the coin in 1992, weren't they? The majority of their fans/sales came after they broke up or at least after you left Bjorky.


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COMMENT | frantic
posted by : braca977
8/16/2012 4:04:11 AM
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LED ZEPPELIN LIVES!!! :-)


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COMMENT | 'RE: frantic'
posted by : youcunt
8/16/2012 7:02:39 PM
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Careful, Kyuss Lives! might sue.


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COMMENT | #
posted by : BrewMe
9/25/2012 10:58:25 AM
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"The majority of their fans/sales came after they broke up or at least after you left Bjorky. "

errr, not correct. Bjork contributed heavily to their early albums which were their better selling albums. Josh focused more on publishing rights/credits towards the tail end of Kyuss, he started to shut out Brants contributions in the studio at this time and that is why he left the band when he did. After he left, the next Kyuss album which featured Josh heavy material floundered and the band then folded. Not a Josh hater here but don't make shit up just because your a Josh knobgobbler.


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