Judge Blows Up 'Supernova'

Zap2It.com | September 13, 2006

Gilby Clarke, Tommy Lee and Jason Newsted of 'Rock Star: Supernova'

Injunction means 'Rock Star' band may have to change its name

Wednesday night brings the finale of "Rock Star: Supernova" -- or, given the decision of a federal judge on Tuesday, "Rock Star: [Insert Band Name Here]."

U.S. District Court Judge John A. Houston has granted a preliminary injunction against the producers of "Rock Star" that bars band members Tommy Lee, Gilby Clarke and Jason Newsted band from recording or performing under the name Supernova. The ruling stems from a lawsuit by the members of an Southern California band, also called Supernova, that claimed the Mark Burnett-produced show stole their name.

The original Supernova formed in Orange County in 1989 and has twice played on the Warped Tour. It's probably best known for its song "Chewbacca," which is on the soundtrack to the Kevin Smith movie "Clerks."

In his ruling, Houston writes that "there is evidence of actual confusion in the market" over which Supernova is which, and that "defendants' access to large amount of monetary and promotional resources will effectively diminish, if not eliminate," the first Supernova's "commercial presence."

"This is sweet justice," plaintiffs' lawyer John Mizhir Jr. says. "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 injunction will take effect when the members of Supernova 1.0 pay a bond; the court has yet to determine the amount.

The "Rock Star" band, whatever it may end up calling itself, will pick its lead singer from four finalists -- Dilana, Lukas, Magni and Toby -- in Wednesday's finale on CBS. The band is slated to release an album late this year and launch a two-month tour in Las Vegas on New Year's Eve.