The Court will issue a preliminary injunction prohibiting Defendants from using the Kyuss Mark inany capacity unless the word "Lives" follows the word "Kyuss" in equally-prominent lettering. TheCourt will issue a preliminary injunction prohibiting Defendants from using the Kyuss Lives Markin conjunction with any studio album, live album, or other audio recording. The Motion is denied,however, with respect to Plaintiffs' request that Defendants be enjoined from using the KyussLives Mark in conjunction with concerts and live performances.
Defendants are warned, however, that future concerts under the Kyuss Lives Mark might continueto subject them to liability for trademark infringement. It may be in Defendants' best interest tobegin re-branding under a new name.