Pre-existing Supernova band sues 'Rock Star: Supernova'

[Lance]

Speaking of stupid people:

Pre-existing Supernova band files suit against 'Rock Star: Supernova'

UPI News Service, 07/12/2006

A California punk band has filed suit in San Diego federal court claiming the CBS reality competition "Rock Star: Supernova" stole its name.

The trademark infringement suit filed by bassist Art Mitchell, drummer Dave Collins and guitarist Jodey Lawrence says they have released four albums under the name Supernova since the trio's inception 1989, MTV.com reported.

The suit names rock veterans Tommy Lee, Jason Newsted and Gilby Clark -- the three members of CBS' Supernova who are seeking a lead singer via the reality competition -- along with Mark Burnett Productions, Rockstar Entertainment Inc. and CBS Broadcasting.

The original Supernova is seeking a jury trial along with the destruction of all "labels, signs, prints, packages, wrappers, containers, advertisements, electronic media and other materials bearing the Supernova mark," MTV.com said.

The trio -- still actively performing and getting ready to record a fifth album -- said punk rockers could wind up accidentally buying music and merchandise put out by the metal band of the same name.

How the hell do you not check this out before you spend millions of dollars producing a TV show? I found the "original" Supernova band by simply going to amazon.com and typing in Supernova.

[Dragon Star]

I give it a 8.3 on the stupid scale.

[hippietrekx]

Hey, guys! Let's start a new band! Our name will be a random word that sounds cool.

Lets see... Kiss! That sounds cool and original! Who else would think about naming themselves *THAT*? We don't even have to do a simple copyright check. Sweet!

--hippie, mock. mock. mock.

[teri tait]

Maybe they can do damage control by creating a reality show about the lawsuit instead.

[St. Jimmy]

I love and hate stupid people. Hate because they just do stupid things you want to kill them for. But love because of when they do stupid stuff that is hillarious or they get in trouble for their stupidity, which happens to be hillarious.

[Dragon Star]

Personally I find it the most amusing when they embarrass the hell out of themselves, better then the three stooges. :)

[Frogmarch]

I didn't think that you could copyright a band name.

[Lance]

Hmm, I don't know. It's a trademark suit, not copyright, but maybe the original band is off base here.

[umop ap!sdn]

In this case, I don't see why a judge wouldn't find for the older band hands down. AFAICT it's a straightforward trademark infringement; presumably the existing band used the name nationally which would put the law entirely on their side.

[Lance]

But can a band name, just the name, be trademarked? I don't know.

Edit:

Yeah, thay can be. The next question is: Did the 'original' Supernova actually do so?

[umop ap!sdn]

IIRC, if you can show that you've been using the name all along, you have the right to register it before the other party does if you haven't already done so. I have no idea whether recording labels actually register band names, although I would imagine they probably do.

It's been a few years since I read up on intellectual property law.

[Bill EE]

This is a big screw up - Supernova is a local band SoCal and has toured with a lot of groups. Their best know song is probably "Chewbacca" from the movie "Clerks." According to the papers here in San Diego, the dummer has a law degree.

I checked the USPTO and the producers for the TV show have trademarked the name "Rock Star - Supernova" along with a line of jewery, recording, etc under the trademark "Supernova."

[Lance]

And now it's resolved:

New 'Rock Star' band to be known as 'Rock Star Supernova'

UPI News Service, 09/22/2006

A California rock band settled a trademark dispute and will continue to be known as Supernova while a TV reality show group will be called Rock Star Supernova.

The original band contacted executives of the CBS show "Rock Star" when they learned of the program's use of "Supernova." When the program continued to use the name, the original band members filed a lawsuit in June arguing that the television program's use of the Supernova name by another band infringed on its trademark rights. U.S. District Court Judge John Houston agreed, handing down a preliminary injunction on Sept. 12 barring the television show and that band from referring to itself as "Supernova."

As part of an agreement announced this week, the original Supernova retains the right to the name while the TV version will be allowed to use "Rock Star Supernova." Other settlement terms were not released.

The CBS TV reality series "Rock Star" had a competition in which Lukas Rossi won the chance to be the lead singer for a band that includes Motley Crue drummer Tommy Lee, former Metallica bassist Jason Newsted and one-time Guns n' Roses guitarist Gilby Clarke.

The original Supernova was formed in 1989 in Costa Mesa, Calif., and is made up of Jodey Lawrence, Arthur Mitchell and David Collins. They were represented in the case by John A. Mizhir, Jr. of Fish & Richardson.

[teri tait]

But are they any good?

[Enzo]

Are you kidding? SUpernova is the shining star of music.

[Dragon Star]

Are you kidding? SUpernova is the shining star of music.

In fact, they have exploded onto the scene! I hear they have quite a fireworks show...

[Мастер]

along with a line of jewery

Most typos are harmless. Some others :P

[Enzo]

Remember the old Emily Litella (Gilda Radner) bit on SNL where during the news segment she'd read her editorial opinion on some issue, but based upon a misunderstood word.

What's all this about freeing Soviet Jewelry? (blah blah)

Emily, that's Soviet Jewery, not jewelry. Jewery.

Oh, well that's very different

Yes, it is

Never mind.

[Lance]

She opposed violins in school, too.

[Heid the Ba]

Are you familiar with the Lost Consonants cartoons?

[Enzo]

I see there are quite a few, and they cover many subjects...



Is there a Lost Consonant of Atlantis?







(Lord I hope they already have that covered.)

[Мастер]

Is there a Lost Consonant of Atlantis?

No, but there might be a lost cord.