A federal judge has denied a request by Axl Rose and former members of Guns N' Roses for an injunction barring the L.A. indie label Cleopatra Records' release of an album by Hollywood Rose, an early i
A federal judge has denied a request by Axl Rose and former members of Guns N' Roses for an injunction barring the L.A. indie label Cleopatra Records' release of an album by Hollywood Rose, an early incarnation of the L.A. rock band.
In June, Rose and ex-bandmates Slash (real name Saul Hudson) and Michael "Duff" McKagan filed suit against Cleopatra, charging that the album "Hollywood Rose: The Roots of Guns N' Roses" constituted trademark infringement, and competed with GNR's recently-released greatest-hits compilation.
The Cleopatra album contains 1984 demos recorded by Rose, future GNR bandmate Izzy Stradlin, drummer Johnny Kreis and guitarist-bassist Chris Weber, whose parents paid for the session. Weber was later replaced by Slash, and Hollywood Rose morphed into GNR. Weber sold his rights to Cleopatra, whose Deadline Music imprint released the album on June 22.
The day before the album's scheduled release, GNR filed an emergency motion for a temporary restraining order and preliminary injunction. U.S. District Court Judge Gary Allen Feess denied the motion for a restraining order, saying that GNR had unreasonably delayed their request and failed to make a case for such extraordinary relief.
In his 30-page order entered July 6, Feess was similarly unmoved by GNR's arguments.
He wrote, "At this stage of the litigation, serious doubts exist as to the merits of GNR's claims and they have not shown that the balance of the hardships in this particular case tips so strongly in their favor that preliminary injunctive relief is warranted."