The only summer reality tv show to capture my interest has been Rock Star: Supernova, which could be considered Mark Burnett’s take on American Idol. Fortunately, Burnett’s version of the talent competition format is much better than Idol’s. First, the judges (Tommy Lee, Jason Newsted and Gilby Clarke who are forming the band “Supernova”) have a personal interest in seeing who wins the competition, because the winner will be fronting their band. Secondly, the contestants are encouraged to rearrange and reinterpret their songs with the aid of the House Band. Unfortunately, none of the members of Supernova nor associate judge Dave Navarro are able to criticize the contestants as well as Idol’s Simon Cowell. But I digress.
Supernova is also the name of a California band that formed in 1989 and released its major label (Atlantic) debut album, Ages 3 and Up, in 1995. Among the uses made in commerce of the Supernova brand, the band’s song Chewbacca was used by Kevin Smith on the Clerks soundtrack and by the 1997 MTV Movie Awards, where MTV and Carrie Fischer awarded Chewbacca (Peter Mayhew) the award our favorite Wookie never received at the end of Star Wars.
Supernova: Chewbacca (iTunes link).
Supernova (founded in 1989) filed a lawsuit in the federal district court for the Southern District of California against Mark Burnett Productions, CBS Broadcasting, Rockstar Entertainment Inc., JMPB Inc., as well as Tommy Lee, Jason Newsted and Gilby Clarke. Here’s the complaint: Supernova From Cynot3, LLC v. Mark Burnett Productions, Inc.
The plaintiffs claim:
- Willful Trademark Infringement
- False Designation of Origin (§43(a) of the Lanham Act)
- Intentional Interference with Prospective Economic Advantage
The plaintiffs seek: - Declaratory Judgment that Defendants are Not Entitled to Registration of the Marks SUPERNOVA and ROCK STAR: SUPERNOVA
- Injunctive relief
- Damages (including treble damages for willful infringement, punitive damages and attorney fees)
MTV reports: Supernova Sue ‘Rock Star: Supernova’ Producers, Bandmembers: “The lawsuit, filed in federal court in San Diego, names Mark Burnett Productions, Rockstar Entertainment Inc. and CBS Broadcasting as defendants, along with Tommy Lee, Jason Newsted and Gilby Clarke — the three future members of the group this season’s ‘Rock Star’ is supposed to spawn and endow with a lead singer. After someone’s chosen to front the band, the foursome will eventually record and release fresh material before touring the nation, all under the Supernova moniker.”
In other reality TV legal news, 43(B)log reports on a California contract case of Reality TV jurisprudence: “The network and producers tried to compel arbitration pursuant to a release agreement executed by the siblings (some of whom were minors) prior to the broadcast. The court found the arbitration clause unconscionable and thus unenforceable.”
