Wednesday, September 13, 2006

EVS

Judge says CBS' Supernova has to change its name

A judge has granted a preliminary injunction against Rock Star: Supernova, which means that, once formed tonight, the new group may not perform under the name it has used all summer long.

Judge John Houston said Supernova is prevented from “performing rock and roll music, or recording, or selling rock and roll music recordings under the same [name], pending a trial of this action on its merits, or until otherwise ordered by the court.”

In August, the band already named Supernova filed for the injunction after previously suing the producers and CBS over use of their name.

The judge said that “irreparable harm [to the original Supernova] is presumed” and “defendants access to [a] large amount of monetary and promotional resources will effectively diminish, if not eliminate, [the original Supernova’s] commercial presence in the marketplace.” He also said “there is evidence of actual confusion in the market,” because they will both be rock groups with the name Supernova.

(source)

11 Comments:

At Thursday, September 14, 2006 5:50:00 AM, Blogger eddie said...

Damn, if I was the original Supernova I'd change my name just so no one would confuse me with the new shite......

 
At Thursday, September 14, 2006 6:43:00 AM, Blogger Diane said...

eddie - that's where monetary damages come in . . .

 
At Thursday, September 14, 2006 11:11:00 AM, Blogger Diane said...

la - I went online and read the pleadings in this case - ok, a lawyer's idea of fun. Burnett et al, thought they were dealing with a bunch of drug-addled ex punks - the first Supernova. In fact, one of the members is now an attorney at a prominent OC law firm, and knows how to protect his rights. Burnett should have settled this when they realized they had a problem. Interestingly, the band members - who are always described as "famous rock musicians" to differentiate themselves from the punk slobs who already had the name - were dismissed from the suit. But the smug superior attitude and technical arguments Burnett's attorneys made didn't fly - they lost both a motion to dismiss and the motion for preliminary injunction.

 
At Thursday, September 14, 2006 11:21:00 AM, Blogger LA said...

Diane - That's very interesting! I knew that one of the "original" Supernova guys had gone on to law school. So it sounds like Mark Burnett is as big a jackhole as I thought. I totally love it!

This almost rivals the Stitch 'n' Bitch trademark litigation! (You know about that one, right?)

Thanks for the legal analysis!

 
At Thursday, September 14, 2006 12:01:00 PM, Blogger Diane said...

la - I know all the Yahoo SnB groups were getting cease and desist notices, that Yahoo was enforcing on behalf of that evil little yarn store. But since they never enforced the mark against Debbie Stoller (or did they?), I was unclear as to how they were making a case against these social knitting clubs . . . I hope someone took them on!

 
At Thursday, September 14, 2006 12:05:00 PM, Blogger LA said...

Diane - They (evil sewing/craft store in NYC) were making their case against Stoller. They filed some legal action against her, claiming they had trademarked the name. I've got some links stored somewhere about it, and when I find them, I'll forward. I have to think it's been resolved to at least some degree since Debbie Stoller has released a new crochet book and a new calender under the SnB moniker.

 
At Thursday, September 14, 2006 10:47:00 PM, Blogger Ffleur said...

What was Dave Navarro's role in this show? If he's not in the band, what part does he play?

 
At Thursday, September 14, 2006 10:52:00 PM, Blogger LA said...

Hi ffleur -

Dave Navarro's role was some amalgamation of impartial judge and moderator. He sat on the "couch" with the band and offered up criticism and advice to the singers but without being one of the deciding judges. He sort of acted as a buffer between the band and the singers.

Oh yeah, and he was also one of the executive producers of the show.

Time for me to find a new hobby. I cannot believe I spent the summer obsessing over a rigged reality show.

 
At Friday, September 15, 2006 9:58:00 AM, Blogger kookla@work said...

LA, I didn't realize until this season that Dave was an executive producer on the show. With INXS, he seemed alot more detached, but it may have been because it was the first season and they were working out the kinks. I still can't believe it's over and have no idea what to do with myself. I tried Dancing with the Stars and Survivor and they just bored me to tears. There must be a syndrome for this.

 
At Friday, September 15, 2006 7:13:00 PM, Blogger prettykitty said...

what? no more rock star? .what will we talk about now?

....evs!!

 
At Saturday, September 16, 2006 5:41:00 PM, Blogger eddie said...

I'm packing my bags and heading to Florida for a week of Rs/sn detox. Then I'm going to kill my TV and read a good book......

 

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