See if you can follow this: Supernova (the California punk group) have filed for a preliminary injunction against those involved in the making of the CBS show, Rock Star: Supernova, including the three members of the band searching for a lead singer on that reality show (Tommy Lee, Jason Newsted, and Gilby Clarke), CBS Broadcasting, and Mark Burnett Productions. Supernova is seeking to halt the reality show band from performing or recording with the name “Supernova” alone. The band claims the parties involved intend to illegally use the band’s name and trademark it for their own use. “Our client has taken legal action in order to preserve its rights to the name the band has worked so long and hard to establish,” John Mizhir, Jr., Supernova’s attorney said in a statement. “We tried to settle the matter quickly and fairly but after lengthy negotiations with CBS, Mark Burnett Productions, and others, they left us with no options but to seek the preliminary injunction.” The request follows a lawsuit, which the band filed June 27, alleging trademark infringement. Supernova and their attorney seek a hearing within 28 days.
Litigation and intellectual property counsel for Mark Burnett Productions, however, insists they have never even been served with a complaint. Furthermore, the production company and the band can legally use the name Supernova. “We have the right to use the name and we will vigorously oppose the punk band’s court filing,” Gary Hecker of the Hecker Law Group told SPIN.com. “The punk band hadn’t performed since the ’90s. It’s our position that they’ve admitted there’s no confusion. And there is no confusion. We haven’t seen the papers. And we haven’t been served.”
Talk: Should Supernova (the band) be able to prevent Rock Star: Supernova from using their name? COMMENT
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On the Web:: rockstar.msn.com
