The alt-rock group Live are suing vocalist Ed Kowalczyk to make sure he doesn’t use the band’s name and are seeking an injunction and $2 million in damages for trademark infringement, trademark dilution and false designation of origin, Billboard reports.
Technically, it is not Live members Chad Taylor, Patrick Dahlheimer and Chad Gracey who are suing Kowalczyk – who hoped to use the band name as part of his solo act – but rather Action Front Unlimited, the company the band set up, which holds all their trademarks. Each member owns an equal share of the company, as the lawsuit filed in New York federal court states.
Kowalczyk, who left the band in 2009 and was replaced by Chris Shinn, has been reportedly touring as “Ed Kowalczyk of Live,” and his first solo record was titled Alive. As a result, Action Front claims Kowalczyk has caused “confusion” with booking agents, theaters, arenas, and the press, who may think he is still a part of the group. They accuse Kowalczyk of not informing the public that he is no longer a member of Live and failing to mention that his music is not endorsed by the band.
Live’s 1994 record Throwing Copper spent a year on the charts before it hit Number One, a feat it achieved on the strength of hits including “Selling the Drama,” “Lightning Crashes” and “I Alone.” The band’s last record was 2006’s Songs From Black Mountain.