U.S. Court of Appeals Prohibits Al Jardine From Using "Beach Boys" Trademark

On January 28, 2003, the U.S. Court of Appeals (9th Circuit) released its decision in a trademark infringement case regarding Al Jardine's use of the name "Beach Boys". The dispute in Brother Records v. Jardine arose when Jardine began touring with his own band under various names that used the "Beach Boys" trademark. Brother Records Inc. ("BRI"), which had been formed by members of the band to hold and administer the intellectual property rights for the Beach Boys, commenced a trademark infringement action alleging that Jardine had used the trademark without a license. Jardine counterclaimed, alleging that the company had breached a lifetime employment and license agreement. Jardine also sought a declaratory judgment allowing him to perform on tour as the "Beach Boys Family and Friends". In response to the allegations of trademark infringement, Jardine relied on the defences of fair use, estoppel, laches and unclean hands. The District Court had previously granted summary judgment in favour of BRI and issued a permanent injunction prohibiting Jardine from using the trademark. The Court of Appeals affirmed the District Court's decision. For a copy of the decision, visit: http://makeashorterlink.com/?O12F25D63