Los Angeles Trademark Lawyers for Sublime File Ex Parte Temporary Restraining Order

Looks like the long-awaited comeback of the remaining Sublime band members isn’t going to go as expected. In a preliminary injunction early this month, on November 3, 2009, Judge A. Howard Matz of the US District Court of the Central District of California granted an injunction against surviving band members, Bud Gaugh and Eric Wilson, to play publically with a new singer under the well-recognized name, “Sublime.” The Plaintiff is the estate of Bradley Nowell, the band’s now deceased lead-singer, objected to the use of “Sublime,” arguing that Wilson and Gaugh aren’t the rightful owners of the name. Judge Matz agreed with Nowell’s lawyers that Gaugh and Wilson didn’t have the right to use the name without permission from Nowell’s estate – at least until the breach-of-contract/trademark infringement civil case between the parties reaches a settlement.

The injunction arose after the surviving band members performed as “Sublime” at the Cypress Hill Smokeout festival. Both parties claim their actions are motivated as part of an effort to preserve Nowell’s legacy. It remains to be seen how the rest of this dispute will unfold.

LOS ANGELES COPYRIGHT ATTORNEY FILED LAWSUIT AGAINST CHRIS ROCK

A complaint and later filed Ex Parte Application for Temporary Restraining Order (TRO) was filed against Chris Rock and HBO to prevent the release of Rock’s film, Good Hair, in the Central District of Los Angeles. Plaintiff Regina Kimbell, has already written and produced a documentary entitled My Nappy Roots, which explores the social and cultural issues surround black hair care.

Kimbell claims that Rock invited her to the Paramount lot and asked her to bring a copy of her film with the intention helping her with it. But rather, Rock was really looking for research and help himself with his own film. Kimbell’s copyright lawyers claim copyright infringement of the work. The TRO describes a side by side analysis of the similarities of the two works, namely, the similarity of the people interviewed, and the places visited in both movies.

On October 8, 2009, the Judge denied the TRO on the basis that Kimbell’s motion was untimely and in any event lacks merit. It seem that the deciding factor was that Rock’s version was comedic and not a serious documentary. The Judge’s order states “My Nappy Roots, in contrast, takes a serious and holistic view of Black hair care throughout its history…This is nothing in the record to suggest the world of academia has accorded Rock similar status.” The Judge did however, allow Kimbell’s request for expedited discovery. So it appears for now, that Kimbell will not get her preliminary injunction, but the case will proceed on, so she is not out of the game yet. Rock’s Good Hair is slated to be released nationwide on October 23, 2009.