Reggae band members tussle over herbal remedy

Herbs left to right - Jack Allen, Dilworth Karaka, Mori Watene, Spenz Fusimalohi, Fred Faleauto. Photo / Supplied

Current and former members of Kiwi reggae band Herbs are locked in a court battle over who has the rights to the legendary band's name.

Herb band members Dilworth Karaka, Joseph Lundon, Morehu Watene, Gordon Joll, Toni Fonoti and Thomas Nepia have begun legal action against two former members - Spencer Fusimalohi and Carl Perkins - with promoter Andrew McManus Presents about what they allege is misuse of the band's name.

The Weekend Herald understands the dispute has continued for many years with band members unhappy with their former colleagues' continued use of the band name when they perform.

It's understood the row came to a head in January when Fusimalohi and Perkins performed as Pacific Herbs at Rotorua's Ragamuffin festival.

They were in the band for less than five years of its 30-year history and are among more than a dozen former members.

Herbs lawyer Karen Soich said the appearance at Ragamuffin created a great deal of confusion because Herbs would "obviously fit that sort of bill".

The real Herbs were playing in Parihaka in Taranaki.

They initially filed an interim injunction, which was granted, to stop anyone using the band name and are now seeking a permanent injunction through civil proceedings at the Auckland District Court.

As well as the two ex-members, promotor Andrew McManus Presents is named in the court action.