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


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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.

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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.

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