Nick St. Nicholas may no longer be flying on Steppenwolf's "Magic Carpet Ride," but he can still associate himself with the classic rock band.
The U.S. Supreme Court on Monday denied the band's appeal of a decision allowing St. Nicholas to
advertise himself as a "former member of Steppenwolf," the result of an appearance before the 9th U.S. Circuit Court of Appeals in May.
The case has been in and out of courtrooms since 1996, when St. Nicholas joined the World Classic Rockers, an "all-star" band whose members bill themselves as former members of various rock acts such as the Eagles and the Moody Blues.
Steppenwolf's bassist from 1969 to 1971, St. Nicholas attempted to do the same, but was issued a cease-and-desist letter from Steppenwolf Inc. and singer John Kay, who claimed St. Nicholas signed an agreement in 1980 that gave all ownership rights to the name to Steppenwolf Inc.
St. Nicholas filed a federal suit arguing that the agreement only forbid him from performing as Steppenwolf, not from advertising his résumé. A federal judge dismissed the suit in Steppenwolf's favor, but St. Nicholas successfully appealed in federal and district court.
The bassist was traveling and unavailable for comment Tuesday and Wednesday, but his spokesperson said the case would likely go back to the 9th U.S. Circuit Court of Appeals. Lawyers for both sides did not return calls, and Kay's spokesperson said the singer had no comment.
Steppenwolf formed in the late 1960s and recorded such classic rock staples as "Born to Be Wild," "Magic Carpet Ride" and "The Pusher." Still touring, Kay and the group play at the Tulsa State Fair Wednesday (October 3) in Oklahoma.
The World Classic Rockers recently wrapped a stint of several summer festivals.
This report is from MTV News.
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