Floyd “Bud” Gaugh and Eric Wilson, who together with Brad Nowell made Sublime and later the Long Beach Dub All-Stars, have continued to perform Sublime music since Nowell’s death in 1996. Gaugh, Wilson and Ramirez are scheduled to play Cypress Hill’s Smokeout Festival tomorrow, Oct. 24, using the name Sublime.

Sources recently told Pollstar that the name and music of Sublime are property of Nowell’s estate, and representatives from the estate were expected to hash out concerns with the surviving members.

Apparently no agreement was made because widow Troy Nowell, father Jim “Papa” Nowell and son Jakob are threatening legal action.

“Prior to his untimely passing, both Bud and Eric acknowledged that Brad Nowell was the sole owner of the name Sublime,” the estate members said in a statement. “It was Brad’s expressed intention that no one use the name Sublime in any group that did not include him, and Brad even registered the trademark ‘Sublime’ under his own name.”

The estate members said they have supported Gaugh and Wilson through the years and had no issue in the past with them performing Sublime songs.

However, “Out of respect for Brad’s wishes, we have always refused to endorse any group performing as ‘Sublime,’ and now with great reluctance feel compelled to take the appropriate legal action to protect Brad’s legacy.”