The Supreme Court today (Oct. 6) refused to hear an appeal from a founding member of the Beach Boys, who fought a court order preventing him from using the famous name in his touring band. The 9th U.S. Circuit Court of Appeals in San Francisco barred guitarist Alan Jardine from using the Beach Boys name in a Jan. 28 ruling.
The name belongs to Brother Records, a company jointly held by Jardine, Mike Love, Brian Wilson and the estate of Carl Wilson. Love is sole licensee to perform under the name.
Brother Records has said Jardine “did not agree to abide by terms of a proposed license” so he was denied use of the name.
Brother Records filed a lawsuit in April claiming Jardine is touring under Beach Boys Family & Friends; Al Jardine, Beach Boy; and Al Jardine of the Beach Boys. Brother Records wants a court order preventing Jardine from using the name, $2 million in court costs, and unspecified damages from loss of earnings due to unfair competition pitting Jardine’s concert appearances against Beach Boys lead singer Love’s.
The issue has been in litigation since 1998. Jardine appealed a 2002 ruling in favor of Love, whom Jardine says excluded him from Beach Boys concerts in 2001. Jardine is seeking $4 million in damages.
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