Surviving Sublime members ordered to stop using band name
Original Sublime members Bud Gaugh and Eric Wilson--and new singer Rome Ramirez--were ordered by a California judge to stop performing as Sublime until a civil suit filed on behalf of the band's late lead singer, Bradley Nowell, goes to trial, according to the Los Angeles Times.
Nowell's estate threatened to file the breach-of-contract/trademark infringement suit on Oct. 23, one day before Gaugh, Wilson and Ramirez were scheduled to perform as Sublime at Cypress Hills' Smokeout Festival in Southern California. Though the three men had once before used the moniker, the Smokeout Fest was the trio's first high-profile gig, and the appearance was touted as a Sublime reunion/re-formation.
On Tuesday (11/3), Judge A. Howard Matz of the US District Court of the Central District of California issued a preliminary injunction that says the three men can not perform or record under the name Sublime without approval and permission from the Nowell estate, the Times reported. The injunction reportedly will remain in place until the civil case goes to trial or the parties reach a settlement.
Jeremiah Reynolds, who represents Nowell's estate, told the newspaper that the late singer's family thinks Gaugh, Wilson and Ramirez are great musicians and they encourage the new trio to perform. However, "We just don't think it's appropriate to call a group that doesn't have Bradley and has a new lead singer Sublime," Reynolds said. "It's consistent with Brad's intentions that we seek to protect the name."
As part of the preliminary injunction, the estate reportedly is being asked to post a $125,000 bond in the event it is later determined that the surviving Sublime members suffered damages as a result of the ruling. Reynolds said the bond would be posted, according to the Times.
In a statement, Gaugh and Wilson said they will honor the injunction but their goal is to continue sharing the music and message of Sublime with all of their fans around the world. "We intend to take the court's advice and work on a business solution to this issue," they said. "We hope the estate follows suit so the music of Sublime can live on and be accessible to everyone."
Late Tuesday, the Nowell estate issued a statement saying, "We are gratified the court ruled in our favor and found that Bud, Eric and Rome could not use the name Sublime without first obtaining permission from Brad's heirs. We believe this will help protect and preserve Brad's musical legacy."
Brad Nowell died of a drug overdose in May 1996 at the age of 28. He was survived by his wife, Troy; son, Jakob; father, Jim Nowell; mother, Nancy Watilo; brother, Cory; and sisters Kellie, Katie and Kristin, according to a Long Beach Press-Telegram article.
Following Nowell's death, Jason Westfall, one of Sublime's managers, told the Long Beach PT that he didn't think Gaugh and Wilson had any interest in making music under the Sublime moniker. "We will go on in music and do other things, but just like Nirvana, Sublime died when Brad died," Westfall said.
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