Fish & Richardson Announces Band Formed on ROCK STAR: SUPERNOVA May Be Looking for New Name: Orange County Rockers Win Preliminary Injunction to Halt Infringement of Their Moniker
Just one day after the series finale, a Federal Court on Tuesday granted a preliminary injunction preventing the band being formed on the CBS television show ROCK STAR: SUPERNOVA from performing or recording under the name SUPERNOVA. In the order, the court confirmed that there already exists a rock and roll band called Supernova, an Orange County, California trio that contributed its song "Chewbacca" to the cult movie "Clerks." Judge John A. Houston of the United States District Court for the Southern District of California in San Diego granted the original Supernova′s motion for preliminary injunction. The order will be effective when the Orange County band posts a bond in an amount which has yet to be determined by the court.
According to the order, "Defendants are enjoined from using the mark SUPERNOVA in conjunction with performing rock and roll music, or recording or selling rock and roll music recordings under the same pending a trial of this action on its merits, or until otherwise ordered by the Court."
"The ruling is a major victory for Supernova, especially since it has been announced on several occasions that our client′s case had no merit," states John Mizhir, Jr. an attorney with the law firm of Fish & Richardson that represents the existing band. "This is sweet justice. The order also proves that the law does not discriminate. The band members have worked hard for the past 17 years to establish the name Supernova and they are entitled to continue to perform without any other parties - large or small - infringing on their rights."
Mizhir along with colleagues Anthony Fletcher and Greg Krakau, all with the national law firm of Fish & Richardson P.C., provided the legal work that obtained the favorable outcome.
"This was a multifaceted case and we are grateful to the court for the efficient and comprehensive consideration of the numerous issues presented at the oral hearing," states Fletcher, a seasoned and well-known trademark attorney.
Founded in 1989 in Costa Mesa, California, plaintiff Supernova is made up of Jodey Lawrence, Art Mitchell, and David Collins. The band has released three full-length albums and has toured the United States extensively, participating in the Vans Warped Tour in 1995 and again in 1999.
ROCK STAR: SUPERNOVA is a TV show about a rock and roll band that will be made up of Motley Crue drummer Tommy Lee, former Metallica bassist Jason Newsted, and former Guns n′ Roses guitarist Gilby Clarke. The show′s premise is the formation of a band to be called SUPERNOVA, with fifteen vocalists competing for the role of lead singer. The show is produced by reality television impresario Mark Burnett.
