Mike Love is suing his cousin and former Beach Boys bandmate Brian Wilson, but Love's attorney hopes the suit won't mar their good vibrations.

(AP) -- Mike Love is suing his cousin and former Beach Boys bandmate Brian Wilson, but Love's attorney hopes the suit won't mar their good vibrations.

Love filed suit in federal court Nov. 3 accusing Wilson of promoting his 2004 album "Smile" in a manner that "shamelessly misappropriated Mike Love's songs, likeness, and the Beach Boys trademark, as well as the 'Smile' album itself."

Love's attorney says it's nothing personal.

"Mike has a lot of affection for Brian and they have a good relationship and cordial relations," said Phil Stillman, who has represented Love since 1992. "There's obviously some problem with the way Brian's [associates] have promoted the albums."

Stillman added: "They remain family and the co-founders of a very important band in rock 'n' roll history."

The Beach Boys never completed "Smile," and it was regarded as a lost classic until Wilson opted to finish it himself. The album earned international acclaim and marked a dramatic return for the songwriter, who had kept a low profile for years.

Love objected to a promotion in which 2.6 million copies of a Beach Boys compilation CD were given away to readers of Britain's The Daily Mail on Sunday newspaper. The lawsuit said the giveaway undercut the band's sales.

The suit seeks damages, including "millions of dollars in illicit profits," and seeks at least $1 million for international advertising "to correct the effects of ... unfair competition and infringing uses."

An attorney for Wilson did not return a call for comment.

Love formed the group in Hawthorne in 1961 with Wilson, Wilson's brothers Carl and Dennis, and Wilson's friend Al Jardine. They went on to record such hits as "Good Vibrations," "Wouldn't It Be Nice," and "California Girls."

Wilson's brothers have died, and he split acrimoniously with Love and Jardine years ago. In an interview earlier this year with The Associated Press, he declined to discuss them in the present tense, but talked about their early years with apparent fondness. His new release is a holiday album, "What I Really Want for Christmas."

Love has the exclusive legal right to tour under the Beach Boys name.

Questions? Comments? Let us know: @billboardbiz

Print