OFF: Judge Rules Jardine Cannot Tour As Beach Boys

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Judge Rules Jardine Cannot Tour As Beach Boys

The Beach Boys' Al Jardine will have to get around without using the name of
the band that helped define the 1960s California sound, a U.S. court of
appeals ruled yesterday (Jan. 28) in San Francisco. Jardine, who co-founded
the group in 1961 with brothers Brian, Carl, and Dennis Wilson and their
cousin Mike Love, had toured in recent years with a group called the Beach
Boys Family & Friends.

But other members of the band objected, resulting in a complicated legal
dispute. "With two bands touring as the Beach Boys or as a similar sounding
combination, show organizers sometimes were confused about what exactly they
were getting when they booked Jardine's band," a three-judge panel of the
9th
Circuit Court of Appeals wrote in its opinion.

"A number of show organizers booked Jardine's band thinking they would get
the Beach Boys along with special added guests, but subsequently canceled
the
booking when it was discovered that Jardine's band was not what they thought
it was," the ruling continued.

Love had negotiated a deal in 1998 to use the name Beach Boys for his band.
Band members went to court and in 2000 won an injunction prohibiting Jardine
from using the trademark "The Beach Boys" in the name of his latest group.
The Appeals Court decision upheld that ruling.

On his official Web site http://www.aljardine.com, Jardine calls his latest
group the All-Star Beach Band.