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Judge Rules Surviving Members of Sublime Cannot Use Band Name

11/4/09, 3:06 pm EST

Photo: Eichner/WireImage

According to the courts, the Sublime that performed at California’s SmokeOut festival last week was not actually Sublime. A California judge has instructed the surviving members of the ’90s band, Eric Wilson and Bud Gaugh, that they cannot use the name Sublime for their group with new singer Rome for any additional live appearances, merchandise or similarly named Internet domain names. The band’s We Are Sublime Website has since been replaced with a photo of a muzzled dog with a sign around its neck that reads “Free Sublime.”

As Rolling Stone reported, the estate of former frontman Bradley Nowell, who died from a heroin overdose in 1996, protested “Sublime” ’s appearance at the SmokeOut, stating that Nowell had trademarked the moniker and never intended for any band to use it without him. Wilson and Gaugh spent the last decade performing as the Long Beach Dub Allstars until recently, when they recruited Rome and renamed the band “Sublime.”

Wilson and Gaugh responded to the ruling with a statement that reads, “Our goal continues to be sharing the music and message of Sublime with all of our fans around the world. We intend to take the court’s advice and work on a business solution to this issue. We hope the Estate follows suit so the music of Sublime can live on and be accessible to everyone.”

Before their SmokeOut performance, the reformed Sublime successfully won the right to play under the name and issued a statement saying that despite the Nowell estate’s objections, “we are pleased that the United States District Court has allowed us to perform as Sublime for all of our fans.” The band said they wouldn’t call the band’s resurrection a “reunion,” but instead a “celebration’ of the band’s past.

In an interesting twist, Wilson and Gaugh are currently in litigation with another band currently performing under the name Sublime LBC, according to the Sublime MySpace page. Gaugh called the defendant in that case “the dumbest animal on the planet.”

Related Stories:

Sublime Debut New Singer at SmokeOut Festival Despite Nowell Family Protests
Brad Nowell’s Estate Threatens Legal Action Against Sublime Reunion


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Comments

surforia | 11/4/2009, 3:10 pm EST

Great news! Just name the band something else… I’d actually be more inclined to see the new band under a different name.

Anonymous | 11/4/2009, 3:36 pm EST

I am not a fan, but I feel bad for these 2 guys.

They worked hard on making that music. And just when they should have careers, their ‘leader’ selfishly OD’s, leaving these 2 guys in the dust.

And now this dead druggy’s family stops them from performing under the name they helped make famous.

Kevin the Robot | 11/4/2009, 3:49 pm EST

What if they called themselves ‘Sub Lime’? Could they get away with that or is that too close?

Jere | 11/4/2009, 4:03 pm EST

Sublemon

Brad Nowell’s Dead Not Uslime

Jeff | 11/4/2009, 4:11 pm EST

Good. Screw thse sleazy creeps for trying to use the name.

They should be thankful for the free ride Brad gave them to begin with.

anon | 11/4/2009, 4:20 pm EST

I don’t understand why the family would want to prevent Bud and Eric from BEING HAPPY and sharing Brad’s lyrics with a new generation.

From the Facebook group “We Want Sublime!” I’ve seen that they even want to give proceeds to a new youth drug treatment center.

Why wouldn’t the Nowell family support this? The whole thing would be great for Brad’s legacy, and would be a fitting way to make more good out of the tragedy.

Black Hole Sun | 11/4/2009, 4:31 pm EST

Sorry, but legally the Nowell family is in the right on this. Brad registered the band name as his own, thereby preventing any band from using the name without him being in it. If he truly saw Sublime as a band, then he would’ve trademarked the name with all three members.

John Bonham | 11/4/2009, 4:40 pm EST

I think they should call themselves “Guns N’ Roses.”

Copyrighting and Trademarking | 11/4/2009, 5:01 pm EST

Kill creativity. Keep the courts out of good music! Brad’s dead, let the living ROCK!!!! Music shouldn’t be about riches anyway, that’s how we got the backstreet boys.

Bradley Nowell | 11/4/2009, 5:13 pm EST

Wooo..ooo.This is message from beyond…Stop using my friggin name! I am Sublime, if we were Sublime then, you would have successful careers after my death!

Ajaz | 11/4/2009, 5:18 pm EST

They should call the band “Overdose”

WeWant_Sublime46! | 11/4/2009, 5:24 pm EST

Personally I think this is just absurd! Bradley alone wasn’t Sublime, Sublime consisted of Bradley, Bud & Eric and since they put in just as much effort as Bradley did to expose Sublime’s music to the people they should have just as much right to the band’s name. I understand and so do many of the dedicated Sublime fans, that no one could ever replace Bradley but Rome did a damn good job trying to fill his shoes at Smokeout! Being there among fellow Sublime fans, singing every word to every song, listening to the music we all loved and missed so much was an experience of a lifetime. After the band finished their set, the crowd, of what I heard to be almost 30,000 people, ALL chanted for MORE Sublime! Even people standing next to me during the show, who’s first time seeing/listening to Sublime perform was at Smokeout, said that they got goosebumps all over when they heard the roar of the crowd singing along with the band. They said it made them wish they could join in and sing along because the feeling they got from just being there that day, seeing Sublime on stage, seeing the unity of the fans as they all sang along, they could just tell it was something epic that was happening. Something that would go down in Sublime history! Bradley’s death was a tragedy, yes, but why should Sublime’s music die off and be a thing of the past? Music is all about the freedom of expression and relating to the fans and at Smokeout 30,000 fans proved they want more Sublime! It seems unfair that Bud and Eric and Rome are being kept from doing what they do best; making amazing music, and being kept from doing doing what they love; spreading the love, messages and music of Sublime to all it’s dedicated and loyal fans.

Anonymous | 11/4/2009, 5:27 pm EST

Right on, Black Hole Sun!

Bradley Nowell was certainly in the right state of mind, when he registered the trademark Sublime, for himself only.

Just like like that wonderful judgement he used on May 25, 1996.

Chuy | 11/4/2009, 5:53 pm EST

It’s not fair, these guys should be allowed to perform under the Sublime name. We the fans are the one’s that pay to see them perform….

Deana White | 11/4/2009, 6:23 pm EST

Brad did not intend to kill himself, nor by creating a trademark “sublime” did (I believe) Brad intend to not have Bud and Eric (his two “bros”) perform ever again without him – in the event of his death.
I was there from the beginning and know Brad. I remember every gig, every practice, etc…I was also very supportive when I heard that Rome would be performing with Bud and Eric – as SUBLIME. I attended the Cypress Hill SmokeOut and cried a little – knowing that Brad was smiling as Rome, Bud, and Eric played as Sublime.
I find it troubling that there is a court issue involving two groups of people that Brad loved – his best friends & his family.
All that truely knew Brad, know that he would approve of Sublime getting back together with Rome in the Guitar/Vocals. Rome made Sublime proud and did the LBC right by performing. Rome is an awesome musician/singer.
Long Live Sublime….
A friend of Sublime is a Friend of Mine!

rockstar70 | 11/4/2009, 6:36 pm EST

Note to new bands…everyone should own the rights to all band brands and songs!!

El Jeffe | 11/4/2009, 7:05 pm EST

For godssake this is absurd. If the estate is monetarily motivated, wouldn’t it best serve their interests to have a new generation of fans get turned on by live shows and then go out and buy the music that they still collect royalties on?? And if they aren’t motivated by cash then whats the hangup?

Sublime was an awesome band that captured a moment in time as much as it pains me to say it, Brad fucked it all up. I’m sure Eric and Bud are no saints but they deserve to carry on with what they helped craft.

Good on ya Deana White.

B-RAD | 11/4/2009, 7:28 pm EST

Sublime is a band not a person. Bud and Eric are a part of that band and should be able to play as that band. Smoke Out proved there is a need to goon with Sublime w/Rome and Brad’s estate should continue to collect royalties that simple. Maybe next time they can get a judge with a clue!!!

Peace

RKL | 11/4/2009, 7:51 pm EST

Sublime ended upon Brad’s death!

Bud and Eric chose to move forward with Long Beach Dub and upon it’s demise in 2002 chose to move on again.

Unable to make any serious progress on their own endeavor, they decided to dig up the corpse of their former band identity for pure profit as they saw happening with Q-Ball and his “Sublime-LBC” bullshit.

Bud & Eric never sought legitimate rights to the name Sublime and therefor have no rights to it. These are all grown adults who for better or worse have not taken reasonable care or responsibility for their business actions.

Don’t pity them or blame them, just know the facts before you write some stupidiotic[yes i spelled this on purpose] comment about something you know nothing about.

I’d love to see sublime again, I miss Brad, I wish all the best to Eric and Bud.

Brad died and I survived.

Peace, Love & JAH

Anonymous | 11/4/2009, 8:18 pm EST

thats selfish of them. Bud and Eric worked hard on the music from the begining. Many other bands have lost their lead singer and still go on with the same name. Its a special type of music that a lot of people love and those two put together one of the most incredible rythm sections i have ever herd. they should have the right to use sublime

Anonymous | 11/4/2009, 8:23 pm EST

thats terrible they wont let them use their name. many other bands lost their lead singers and still went on with the same name. Bud and Eric have been there since the begining and those two put together one of the most incredible rythm sections i have ever herd. Lots of people love Sublimes music style and i believe they should have the right to their name. Let the music live on!

Nathan | 11/4/2009, 8:35 pm EST

WHO THE HELL IS NATHAN!?!

Pat Stone | 11/4/2009, 9:06 pm EST

Attention Deanna White. No one here has said anything to attribute as much love and respect for this incredible, (music world)changing band as you. Reading your post made me feel hopeful for those who cannot see past legalities. Let us not forget the meaning behind their music. Creativity, simply, does not justify this band’s incredible ability to fill a venue, or to keep the music alive so long after Brad’s death. It is unfortunate and in deed very sad that Brad took the route he did, but it is most certainly no reason to bad mouth the entire band, who also helped him through his addiction and carried HIM through the entire Robbin’ The Hood album. Who ever cannot see past the fact that people make mistakes (sometimes fatal ones) needs to listen to the lyrics of this bands hero’s and THIER idols to find the true meaning of what Sublime accomplished. To all the nay-sayers, learn some respect, and try to see past the legal aspects. Three PEOPLE making incredible music. To the supporters, thank you and remember who you are, because you are the future, not the ones who are stuck in limbo obsessing about money and fame. Rock on.

sublime | 11/5/2009, 12:01 am EST

bradley nowell was sublime! the long beach dub asswipes sucked. they showed thtat without bradley were shit! use a different name and let bradley rest!

thevm | 11/5/2009, 12:23 am EST

Yeah! And another thing about this dispute is that the family nevZZZZZZZZZZZZZZZZZZZZZZZZZZZ ZZZZZZ…..ZZZZZZZZZZZZZZZZ… ….ZZZZZZZZZZZZZZZZZZZZZZZZZZ .

Yup. Fell asleep mid-sentence there, see?

Tony R | 11/5/2009, 1:35 am EST

Let’s call the band Sublime 2.

Gitch | 11/5/2009, 8:05 am EST

New band name……..”LOU DOG”

tgb | 11/5/2009, 12:02 pm EST

How bout Sublimer’s, or the sublime remains or something… or sublime celebration. do it.

chris | 11/5/2009, 12:45 pm EST

-when keith moon died, the who still continued

-when the lead singer of AC/DC died, AC/DC still continued

-When Jim Morrison died, The Doors still made albums

anyone noticing a pattern here?

If Brad’s name was in the title of the band, then i would totally understand and respect the court’s decision, but this is just stupid and petty

Nathan Johnson | 11/5/2009, 12:57 pm EST

They could call them selves “A Cover Band”

Delvin | 11/5/2009, 12:57 pm EST

They should’ve recruited Sammy Hagar. He has a history of joining bands who’ve lost seemingly irreplacable singers.

---_---_---_--- | 11/5/2009, 1:06 pm EST

Subpar.

rock | 11/5/2009, 1:28 pm EST

sublime sucks anyway so who cares

Jimbo | 11/5/2009, 2:11 pm EST

All of you including Deana are missing the point. Whether it is right or wrong for Eric and Bud to use the name “Sublime” is a different issue. The issue the court decided on was the fact that Bradley registered the trademark in HIS NAME, just as Axl did with “Guns N’ Roses”. It is not up to the court to debate whether it is right for Eric and Bud to use the name “Sublime” for moral or legacy purposes. The court can only look at the legal documents presented and base it’s decision on those facts alone.

Neo | 11/5/2009, 2:14 pm EST

Get a new name, and tour. And a note to the Nowell family. Next time you need to trample a legacy, make it one you actually have something to do with.

Kristin | 11/5/2009, 2:15 pm EST

can i just point out that being that Rollng Stone is the forward music magazine that they should have known that Eric was with Long Beach Dub Allstars and Bud was with Long Beach Shortbus. As far as i know, and saw since i went to many shows, only Eric was in Dub Allstars.

AS for the whole name thing, i’m indifferent, i just want the music.

Deana White | 11/5/2009, 2:15 pm EST

Attn: Pat Stone. Thank you for your support.
There are many people who are voicing their opinions through this site and many others. I believe that everyone has a right to their opinion, but…I also realize that ignorance is bliss. With that said, I couldn’t fathom Eric or Bud bringing someone into “Sublime” that didn’t have the expertise necessary to perform as Sublime. For those that were at the Cypress Hill SmokeOut – you went to a REAL SUBLIME GIG.
Brad, Eric and Bud were “kids” when they formed Sublime. Nobody knew how popular Sublime would be, nor did anyone intend to stab eachother in the backs over music created by Sublime and it’s members.
Eric, Bud & Brad were “brothers” – they loved the music and I believe that Bud and Eric are merely trying to honor the Sublime fans by allowing them to see Sublime play live.
It’s not about money and never has been. Shit, they jammed at Georgi’s, Eric’s, anywhere…every party in high school, etc…it wasn’t about money then, and it shouldn’t be about money now.
Brad was a peaceful guy & he was very laid back. I believe that Sublime can continue with Rome and be every bit successful as Sublime has been throughout the years.
Brad would want Sublime to thrive…

Deana White | 11/5/2009, 2:25 pm EST

Attn Jimbo – I completely understand the point. The point that the name “sublime” is trademarked, the fact that Brad’s Heirs own the trademark since his accidental death, etc…
What I am trying to pass on is this: Eric, Bud and Brad formed the band Sublime. They were SUBLIME for many years…Sublime was comprised of the following members since the 80’s: Eric, Brad, and Bud.
Brad trademarked the name Sublime and did so (I believe) without the intention of overdosing on heroin and accidently dying – and with that Sublime died. I do not think that the intention of the trademark was to OWN Sublime, especially in the event of his accidental death. I KNOW THAT BRAD WOULD NOT WANT THE PEOPLE HE LOVED MOST TO BE FIGHTING OVER THIS PETY SHIT. I knew Brad very well. I grew up with Sublime. I would imagine that all this controversy is very troubling for the children of the Sublime members/Heirs of Estate/Eric/Bud/Rome.
Lets ask ourselves, honestly – seriously – What Would Brad Want?

d'yerman | 11/5/2009, 3:37 pm EST

How about calling themselves “the Shitty Bealtes”?

dan | 11/5/2009, 3:58 pm EST

all this fus over a shitty band just seems pointless to me

nunnya | 11/5/2009, 6:01 pm EST

Good for the courts and the estate! Someone has to put some kind of regulations on this crap. Maybe they should call themselves, ‘Sunshine’, or ‘Rome & 2 Dudes’ Really tired of these greedy people dragging the dead horse!!

Slimjimmy | 11/5/2009, 10:09 pm EST

Hey Kristen,

Get YOUR facts straight. Both Eric and Bud were in Allstars. Maybe if you hadn’t smoked so much pot at those “many shows” your memory would be better.

TacoBoy | 11/5/2009, 11:24 pm EST

Pot is green.

heya | 11/6/2009, 12:04 am EST

Troy wants a million bucks from the band and then she’ll “give her blessing.” I guess the money would then make Brad’s “wishes” obsolete? For some reason the name Courtney Love keeps repeating in my head over and over again…

san pedro | 11/6/2009, 12:06 am EST

i was at the smokeout fest and loved what i heard and saw. from what i read in another story about the recent court decision, bud and eric can’t even use a variation of the sublime name, but cover bands(like:sublime lbc) are not being taken to court by brad’s estate. where is the justice?

Anonymous | 11/6/2009, 2:49 am EST

i say respect Bradley Nowell, because he was the band , he was the one who made their sound just move on. i am not saying they are not talented, but common.

boo boo | 11/6/2009, 2:07 pm EST

come on guys do we really wanna see this shit anyway? buy the dam cd’s and move on!!!;)

gw | 11/6/2009, 4:02 pm EST

why not just go with the pig latin: Ublimesay

Bill | 11/6/2009, 4:07 pm EST

“if we were Sublime then, you would have successful careers after my death!”

Ok, Im pretty sure that Sublime experienced all their success after brad died. So I guess that makes the remaining two guys ’sublime’ – according to your logic.

Barry | 11/7/2009, 3:48 am EST

All disagreements aside, can we all at least agree that lawyers are scum-sucking parasites that have done absolutely nothing to help move music forward, and everything they can to thrive and profit on conflict and misery?

Simon G. | 11/7/2009, 4:42 am EST

Really should stick with Long Beach Dub All Stars.
There was nothing wrong with that. That was great. Why not go with that?

Music1 | 11/7/2009, 11:00 pm EST

This is bogus.. The whole thing leaves a bad taste in my mouth! The family is certainly not concerned about the well being for anyone out there. Just the fact that E, Bud n Rome wanted to donate proceeds to stopping drug abuse says it all! Americas strange ways have fucked another great thing from happening. Those are the great things that actually matter and make a difference!

Music1 | 11/7/2009, 11:28 pm EST

P.S. THERE music[cause there is three of them] stood for anything but a F’ing courtroom! It is all about love. Being yourself and feeling good about it. This legal crap should break a music lovers heart. Rock on – Free Love

whtshrfc | 11/7/2009, 11:43 pm EST

They should just go w/a different name. I mean, Sublime was a band, and in that band were the THREE of them. After Brad’s death, Sublime ended. So many bands go through different bandmates after one passes away, or whatever, and it completely ruins the music. It never sounds the same, so why use the same name?

jc | 11/8/2009, 12:17 pm EST

Don’t ruin Sublime’s style & legacy with a new frontman, who covers the Jonas Brothers’ songs for crying out loud, and DARE call it Sublime. It is NOT Sublime and never will be anymore. Change the name and leave Sublime untouched. Let it be one of the few, if not the only, good bands that did not eventually sell out and go mainstream.

Kliff | 11/9/2009, 8:30 am EST

That’s lame of the family. Let the rest of the band go broke and let the music die because their son O.D.ed? Let the surviving guys use the name!! I don’t even listen to Sublime but it’s the principle.

Kliff | 11/9/2009, 8:30 am EST

How about updating the name to something that has meaning in this day & age, like,
Subprime :)

zach | 11/9/2009, 8:50 am EST

thats alot of bull. sublime is known for their laid back feel good songs. how is someone going to tell them to change the name.

selecter | 11/10/2009, 5:25 pm EST

some of you guys are real low.
bud and eric were 2/3 of the band and should have some right to proceed as the band they helped create. so much for good music.

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