Update: Surviving Sublime Members Barred by Court from Using Band Name
Published Nov 04, 2009As we previously reported, Sublime's old rhythm section, Eric Wilson and Floyd "Bud" Gaugh, have been playing shows with new vocalist Rome Ramirez in place of Brad Nowell, the band's original singer, who passed away in 1996. This caused Nowell's estate to release a statement speaking out against the "reunion" and reminding Wilson and Gaugh that Nowell owned the rights to the band's name, advising the pair they would be taking legal action.
And while Wilson and Gaugh initially replied with a statement of their own, saying that a United States District Court gave them the thumbs-up to perform under the name Sublime, a Los Angeles judge has now ruled that Wilson and Gaugh cannot use the name.
According to a Reuters report, the preliminary injunction was issued Tuesday (November 3), with Judge Howard Matz siding with Nowell's family and effectively crushing Wilson and Gaugh's Sublime reunion hopes.
The injunction was issued due to the likelihood of Nowell's family winning its trademark claim, which will bar Wilson and Gaugh from using the Sublime name in any way, shape or form, such as for any live performances, recordings or on merchandise.
"We are gratified the court ruled in our favour and found that Bud, Eric and Rome could not use the name Sublime without first obtaining permission from Brad's heirs," Nowell's family said in a statement. "We believe this will help protect and preserve Brad's musical legacy."
The judge's ruling will be upheld until either the case goes to trial as a breach of contract/trademark infringement civil case or the parties reach a settlement, according to the Los Angeles Times
No statement has been made yet by Wilson and Gaugh.