2004.07.09 - AP/Indiana Gazette - Judge Rejects Request To Stop Hollywood Rose Album

LOS ANGELES — A federal judge has rejected a request by singer Axl Rose to stop an independent record label from releasing an album called 'Hollywood Rose: The Roots of Guns N' Roses.”

Cleopatra Records had purchased the rights to some recordings of Hollywood Rose, which included Axl Rose and Jeffrey “Izzy Stradlin’” Isbell, who later formed Guns N’ Roses.

Rose, also identified in court documents as William Bruce Bailey, and other GNR members Saul “Slash" Hudson and Michael “Duff" McKagan objected to the release of the album when they learned of its title.

There was no telephone listing for Rose, and he couldn’t be reached for comment Wednesday.

Cleopatra Records brought the case to court to determine its rights, and Rose and the others filed a counterclaim and also sought a preliminary injunction.

U.S. District Court Judge Gary Allen Feess denied the request for an injunction by citing the "nominative fair use" doctrine. Federal law allows a person to use another’s trademark “to identify the trademark owner's product or service, for the purpose of making a comparison, stating a criticism or establishing a point of reference,” the judge wrote in his ruling.

Hollywood Rose lasted for about nine months in the mid-1980s and recorded a demo tape. Former band member Chris Weber, whose parents paid for the demo, sold his rights to the recordings in November 2003 to Cleopatra Records.

With Rose as frontman, Guns N’ Roses reached superstar status in the late 1980s after the release of "Appetite for Destruction," which includes hits such as "Paradise City,” “Sweet Child O’ Mine” and “Welcome to the Jungle.

Blabbermouth, July 7, 2004:
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GUNS N' ROSES Singer Loses Motion To Stop Release Of Early Recordings

On Tuesday, July 6, United States District Court Judge Gary A. Fees denied the motion of W. Axl Rose and his GUNS N' ROSES partnership for a preliminary injunction against Los Angeles-based independent record label Cleopatra Records. Rose had sought an injunction against the release of the album entitled "Hollywood Rose – The Roots Of Guns N' Roses".

In early June, Rose sued Cleopatra Records for trademark infringement, violation of rights in his name and likeness, and for unfair competition. The singer was trying to prevent the label from releasing original HOLLYWOOD ROSE recordings from early 1984. HOLLYWOOD ROSE is the band Rose formed with Izzy Stradlin, Chris Weber and Johnny Kreis before Rose and Stradlin went on to become part of the biggest rock 'n' roll band in the world, GUNS N' ROSES.

The five original tracks were purchased by Cleopatra from guitarist Chris Weber, who performed on the record and who paid for the recordings back in 1984. On June 22, 2004, Deadline Music, a label of Cleopatra Records, released the original five songs with added remixes by former GUNS N' ROSES axeman Gilby Clarke and CINDERELLA drummer Fred Coury.

https://www.blabbermouth.net/news/guns-n-roses-singer-loses-motion-to-stop-release-of-early-recordings/