September 15, 2006

In an order handed down earlier this week by Judge John A. Houston, the rock band formed by the reality show "Rock Star: Supernova" is preliminarily prohibited from performing, recording, or selling music under the name "Supernova." The preliminary injunction is a result of a lawsuit filed in the U.S. District Court for the Southern District of California by the band Supernova, formed in 1989 and best known for the song "Chewbacca" from the movie Clerks. The new band, who at the time of writing this post has not publicly announced its new name, comprises the winner of the reality show competition (Lukas Rossi), the former bassist for Metallica (Jason Newsted), a former Guns 'N Roses guitarist (Gilby Clarke), and Tommy Lee, the former drummer for Motley Crue. According to the Washington Post article (link below), the preliminary injunction "bars anyone but that [original] group's three members -- Jodey Lawrence, Art Mitchell and David Collins -- from performing, recording or selling rock music under the Supernova moniker pending the outcome of the suit." Around the time of the filing of several trademarks on the marks "SUPERNOVA" and "ROCK STAR: SUPERNOVA," David Collins applied for the word mark "SUPERNOVA" (U.S. Trademark Application Serial No. 78842164) for ICs 009 and 041, claiming a first use (for IC 041) of August 15, 1991, and a first use in commerce on January 6, 1993. A hearing is scheduled for today to discuss the next stages of the lawsuit.

U.S. Trademark Application Serial No. 78842164: LINK
Washington Post Article: LINK
USA Today Article: LINK
Supernova (original band) Website: LINK
Rock Star: Supernova Website: LINK

0 comments:

Post a Comment

WIPO Press Releases

WIPO General News

Patent References

Click HERE to search issued U.S. Patents

Click HERE to search published U.S. Patent Applications

Click HERE to browse the MPEP (E8r6 in HTML and PDF, and E8r7 in PDF)

Click HERE to search patent assignments recorded with the USPTO

Click HERE to search Title 37 of the Code of Federal Regulations (rev. 7/1/08)

Click HERE to browse Title 35 of the U.S. Code

Click HERE to view current USPTO fees

Disclaimer

Copyright 2006-2010, Mark Reichel. The Daily Dose of IP is my personal website, and I am not providing any legal advice or financial analysis. Any views expressed herein should not be viewed as being the views of my employer, Ice Miller LLP. Any comments submitted to this blog will not be held in confidence and will not be considered as establishing an attorney-client relationship. Information submitted to this blog should be considered as being public information, and the submitter takes full responsibility for any consequences of any information submitted. No claims, promises, or guarantees are made or available regarding the completeness or accuracy of the information contained in this blog or otherwise available by searching from or linking away from this blog.

EPO Updates

Trademark References

Click HERE to search issued and pending U.S. Trademarks

Click HERE to search TTAB proceedings (via TTABVUE)

Click HERE to search trademark assignments recorded with the USPTO

The DDIP Author





Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

Click HERE to view my full professional bio at Reichel IP LLC.


There was an error in this gadget

Subscribe/Feedback

Click HERE to join the e-mail list for my blog

Click HERE to provide feedback on the DDIP blog

Fellow Blogs/Bloggers

AwakenIP (Kuester)
Counterfeit Chic (Scafidi)
I/P Updates (Heinze)
Internet Cases (Brown)
Likelihood of Confusion (Coleman)
Patent Baristas (Albainy-Jenei)
Patent Docs (Zuhn et al.)
Patently-O (Crouch)
The 271 Patent Blog (Zura)
The Ice Loop (Ice Miller LLP)
The Indiana Law Blog (Oddi)
The Invent Blog (Nipper)
The Patent Prospector (Odom)
The TTABlog (Welch)