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Josh Homme’s Lawsuit Against Kyuss Lives! Available Online

A copy of what looks to be Josh Homme‘s lawsuit against Kyuss Lives! (aka John Garcia and Brant Bjork) has been circulating online courtesy of Filmesq.com.

Interestingly, while Homme appears to have band bassist Scott Reeder‘s support in the matter, Homme is listed as the only plaintiff in the suit. In summary, it would appear that upon Kyuss‘ initial demise a partnership was agreed upon by Josh Homme, John Garcia and Scott Reeder.

This agreement required at least two of the aforementioned three members to be present and agree upon any future usage of the bands name, merchandise, recordings, etc. The suit alleges that the Kyuss Lives! camp (Garcia and Brant Bjork) moved to file several United states federal trademark applications for both the Kyuss Lives! moniker; and what appears to be the heart of the matter — the original Kyuss trademark.

According to the suit these applications were made in connection with live performances, recordings and apparel merchandise. If such trademarks were granted, they could effectively cut Homme and Reeder out of future revenues relating to certain aspects surrounding the original Kyuss trademark, etc.

You can find the entire suit as a downloadable PDF file at the above-mentioned link.

COMMENTS

16
        • avatar
        • HonoluluBlueBalls     March 16, 2012 at 8:31 pm

          Yup. Unless Reeder ends up flip-flopping, it appears Garcia is shit out of luck.

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        • adamonfire     March 16, 2012 at 11:09 pm

          I don’t think you read the story very carefully. Essentially, Garcia tried to file for trademark control thus forcing the hands of Homme and Reeder to file their suit. As a part of their suit, they presented an agreement made by the three that states “…required at least two of the aforementioned three members to be present and agree upon any future usage of the bands name, merchandise, recordings, etc.”

          Considering two of the three are filing the lawsuit against the third, if the agreement holds-up in court Homme and Reeder can resurrect the band/name just because they can.

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        • bullybrew     March 17, 2012 at 11:42 am

          2 of the 3 band members didn’t file suit against the 3rd as the article says homme is listed as the only plaintiff in the case, though reeder does support him. if they were smart they’d just regroup and put out new kyuss material.

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      • adamonfire     March 16, 2012 at 8:25 pm

        And I’ll take that advise under cooperation, alright? Now, let’s say you and I go toe-to-toe on bird law and see who comes out the victor?

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    • Kyuss needs 2 of the 3 original members to carry on. If Kyuss Lives had brought Reeder into the fold from the beginning, instead of Oliveri, they would have been golden. Reeder is the deciding factor here. It’s also interesting that Oliveri is effectively out of the picture now, and Reeder is siding with Homme instead of joining Kyuss Lives in Oliveri’s place. This probably boils down to beef between Garcia and the other guys.

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