A Southern California rock band that has called itself Supernova since 1991 and recorded three albums under the name sued CBS, the show's participants and Mark Burnett Productions in June claiming unfair competition and trademark infringement.
"Rock Star: Supernova," which began airing July 5, followed 15 contestants who aspired to become the lead singer of 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 that was to be named on Wednesday's episode will tour with the band and appear on its album.
United States District Court Judge John A. Houston issued a preliminary injunction Tuesday barring that band from performing, recording or selling music under the Supernova name pending the outcome of the lawsuit.
Attorney John Mizhir, Jr., who represents the original Supernova, characterized the judge's order as "a major victory."
"This is sweet justice," he said in a statement. "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."
The order will not affect the production, broadcast or promotion of the TV series, said CBS spokesman Phil Gonzales.
Gary Hecker, an attorney representing Mark Burnett Productions, told The Associated Press that the order "is not going to affect the band or the tour."
"The case hasn't been decided on its merits," he said. "Mark Burnett Productions hasn't even begun the evidence collection process that it will be allowed to do."
The next hearing on the matter is scheduled for Friday in San Diego.
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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...
Band sues CBS show over Supernova name
Jul 11, 2006 5:29 pm PDT
What happens when two Supernovas collide? Lawsuit. A Southern California rock band called Supernova has filed a complaint against Mark Burnett's CBS reality show "Rock Star: Supernova," saying it had the name first. The complaint, filed ...