Ex-Live Front Man Sued By Former Band Mates For Trademark Infringement
California – Band members are again suing one another for the use of a name they once happily shared. For former Live member Ed Kowalcyzk, life got a little tougher this month when his former band mates, through their company Action Front Unlimited, filed a trademark infringement complaint in U.S. District Court in New York accusing him of illegally using the band’s name.
And to further add insult to injury, Kowalcyzk created the company that is suing him, with former band mates Chad Taylor, Chad Gracey and Patrick Dahlheimer. The company was created during better times, when the group was producing popular hits.
The lawsuit, filed in July 2012, accuses Kowalcyzk of trademark infringement, trademark dilution and false designation of origin. According to court documents, over the course of the past few years, Kowalcyzk has misrepresented his status to the public, causing confusion among fans. Furthermore, Kowalcyzk allegedly continues to use the band name in promotional materials and advertising, stating that he is “Ed Kowalcyzk of Live”. And although he left the band in 2009, promoters, booking agents, venues and fans are being led to believe that Kowalcyzk is still with the band.
Live has had a new lead singer since Kowalcyzk departed, but the band has not released an album since 2006. The rock group is best known for its album Throwing Copper, which was released when the band’s popularity reached its zenith in 1994. The band has not achieved the same level of success with its new lead singer Chris Shinn. Fans suspect the former band members are holding a grudge against their former lead singer because he has chosen not to participate in a reunion. The band is seeking $2 million in damages and an injunction to prevent Kowalcyzk from using the Live name in his promotional materials. Fans of both Live and Ed Kowalcyzk are anxiously awaiting the outcome of the lawsuit. Undoubtedly, some of the original Live fans are hopeful that the parties will reconcile so that a reunion might be possible.
Posted in: Trademark Infringement