Even if they had a crystal ball, chances are they wouldn’t have seen this coming.

The two surviving members of the 90′s band Sublime have lost the rights to call themselves just that: Sublime.

According to rollingstone.com, a California judge has told the band’s surviving members, Bud Gaugh and Eric Wilson, that they cannot use the name Sublime for their band with new singer Rome for any performances, merchandise, or Internet domains. The two musicians debuted their new frontman at last week’s SmokeOut Festival in California.

Original lead singer, Bradley Nowell, died of a heroin overdose in 1996. Nowell’s estate was upset that Gaugh and Wilson were performing under the name Sublime, stating that Nowell had trademarked the name and had never intended for any band that he was not in to use it.

Gaugh and Wilson spent the last decade performing under the name, Long Beach Dub Allstars, and recently renamed the band Sublime after recruiting new frontman Rome. The band’s “We Are Sublime” Website has now been replaced with a picture of a muzzled dog with a sign around its neck that says, “Free Sublime.”

Gaugh and Wilson responded to the Court ruling with a statement that says, “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 performance at SmokeOut, the renewed Sublime won the right to play under the name. They issued a statement saying that, “we are pleased that the United States District Court has allowed us to perform as Sublime for all our fans.”

The band said they wouldn’t call the reformation a “reunion,” but rather a “celebration” of the band.

Interestingly enough, Gaugh and Wilson are currently in litigation with another band that is currently performing under the name Sublime LBC.

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Eric Wilson and Bud Gaugh, the surviving members of Sublime, performed at Saturday’s SmokeOut Festival, only their second show in the 13 years since band mate Brad Nowell’s death, according to rollingstone.com.

An estimated 15,000 fans made the trek to San Bernardino, California to see such performers as Method Man and Redman, Cheech & Chong, Kottonmouth Kings and hosts Cypress Hill. However, the performance that seemed to create a great deal of buzz was that of Sublime, who debuted their new lead singer, 21-year-old Rome Ramirez, at the festival.

Nowell, who died of a heroin overdose, had expressed the hope that no one would use the name “Sublime” for any group that did not include him, and even trademarked the band name under his own name. However, Wilson and Gaugh wanted to perform under the original band name at the festival, and want to continue to do so.

Even before new lead singer Ramirez had taken to the stage, Sublime’s Saturday performance was causing controversy. Days before the show, representatives for Nowell’s estate filed suit against Gaugh, Wilson and Ramirez, citing trademark infringement, but a District Court judge OK-ed the show to go on. Wilson and Gaugh came back with their own statement, which said, “while we all mourn the passing of our brother and band mate Bradley Nowell some 13 years ago, Sublime still has a strong message of hope and love.”

Despite the drama, the threesome hit the stage in the early afternoon to a welcoming and excited crowd. Ramirez dedicated the first song of the set, “Get Ready,” to Nowell. Then he led the amphitheatre in a sing-along of classic Sublime songs like “Santeria,” “Wrong Way,” “Date Rape,” and “What I Got.”

Promoter Chang Weisberg was proud of the band’s performance, which he told Rolling Stone backstage after Sublime’s show: “My take is that Bud and Eric are two-thirds of a group called Sublime and, at the end of the day, if they want to go out and perform music that they helped create, they have every right to,” he said. “Those guys waited 13 years and they found someone in Rome that can help them celebrate the music they created with Brad. They’re not trying to replace Brad, it’s not a reunion or a reformation, it’s about feeling good playing what they all created and what fans want to hear. I think Brad is proud looking down today.”

Legal proceedings over the band name are ongoing, with a hearing scheduled for Nov. 3.

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