The complaint, filed June 27 in U.S. District Court, claiming unfair competition and trademark infringement, seeks to bar the show and its participants from using the Supernova name. It is also asks for compensatory and punitive damages.
"Our clients believe they have the superior right on the mark Supernova," the band's attorney, John Mizhir, told The Associated Press Tuesday, adding that the band "has a long-standing common-law trademark right to the mark."
The group first performed under the name Supernova in 1991, according to the lawsuit. The band released several singles and three full-length albums under the name, the lawsuit says.
The CBS show using the name first aired July 5. "Rock Star: Supernova" follows 15 contestants who aspire to become the lead singer of Supernova, a new rock band that includes former Motley Crue drummer Tommy Lee, former Guns N' Roses guitarist Gilby Clarke and former Metallica bassist Jason Newsted. The winner will tour with the band and appear on its album.
According to the lawsuit, representatives for Mark Burnett Productions ("Survivor," "The Apprentice") filed seven U.S. trademark applications for the name Supernova and two for "Rock Star: Supernova."
Gary Hecker, an attorney for Mark Burnett Productions, said the company has the legal right to the name.
"The complaint is without merit," he said.
Because the lawsuit has not yet been served, its defendants Burnett, CBS, Lee, Clarke and Newsted "do not have an obligation" to answer it, Hecker said.
Court: No Supernova for 'Rock Star' band
Sep 13, 2006 4:38 pm PDT
The band from the reality TV show "Rock Star: Supernova" cannot call itself Supernova when it takes its act on the road, a judge has ruled. A Southern California rock band that has called itself Supernova since 1991 and recorded three al...
Judge Orders Tommy Lee's Supernova To Change Name
Sep 13, 2006 12:00 pm PDT
When the finale of Rock Star: Supernova airs tonight on CBS, it may be the final time we hear the name "Supernova" associated with the new band featuring Motley Crue's Tommy Lee, Guns N' Roses' Gilby Clarke, and former Metallica bassist Ja...