The Smiley Smile Message Board

As you might've heard by now, the german concert of Brian and Al has the subtitle "The original Beach Boys".  This smells like a good opportunity for another lawsuit from Mike.
I think this title wasn't chosen by Brian, Al or their managements but by the guy who is responsible for this concert. I guess as soon as the concert will be official (well, you can already buy tickets) it will be "Brian Wilson & Al Jardine" but you never know.

Which makes me think about the question if there is a chance for Brian & Al to use the Beach Boys' name, as they are two of the three surviving sharholders of Brother records. I don't know very much about the legal situation, but they could outvote Mike, right?
On the other hand Brian always seemed not very interested to connect with the "Beach Boys" once again, but is more happy to go under his own name.

In my opinion, the main reason why advertising the Brian & Al shows as "the Beach Boys" would be wrong is that it would confuse people.

When you go to a "Beach Boys" (Mike & Bruce) show, you know you'll be seeing a bunch of guys in Hawaiian shirts singing old hits... Which means you don't want to go to a concert to see a big guy with a pull-over and a scarf singing not-so-well-known songs.

That said, Al & Brian deserve to be called "the Beach Boys" more than Mike & Bruce... And I think they could outvote Mike too. But as I said, what would be the point?

Just my 2 cents!  :)

P.S. I suppose you're going to see the show? :D

Brian has the right to use the BB name as long as he conforms to the terms of the license. I think the thing that someone might latch on to is the presence of Taylor. Even Mike's lawyers can't argue that Brian & Alan aren't 'original' Beach Boys.

Whoops forgot to type my message...
I meant to add:  and a little guy wearing a white suit  :-D

Probably not. Unfortunately it's too expensive for me. The tickets would be ok but the travel would cost around 60-80 € I guess (iirc that's what I paid when I went to the Smile-show in 2004 in Frankfurt) and at this point that's too much for me.



What are the terms ?

Tough choice. 550+ km-drive. Would be worth it, but I can't imagine this being the only European concert (besides the UK), how big is the chance they'd be playing in other European countries as well?

I can't believe the Mainz concert would be the only one on the European continent. Here's hoping for at least one concert in Holland!

yes pepsi stage amsterdam, as brian went there for 2 times :-D

"Don't f*** with the formula".  8)

So, Taylor's presence is an issue?  Did Mike win that point about Wendy and Carnie being in Al's band, therefore not technically being "boys"?  Maybe they can call it "Two Original Beach Boys and One Cute Fraulein in a Low-Cut Blouse"?  I don't think that would hurt ticket sales, at least among hetero men.

I'll ask the dumb question then:

So does this mean Al's gonna be at the RFH shows in London?

Oh, man; how I hope so!  ;D

Think I have heard that before.  :lol

But a silly question (yet another): Would it be possible for Brian and Al to do this concert in Germany under the Beach Boys' name or has a meeting and voting with Mike and Carl's estate to happen before this?

I don't know the details of their agreements, but I do know the legal industry: even if Brian, Al and (more importantly) their legal teams believe they can do the show(s) under the name Beach Boys, there would be no way they'd risk it without first confirming that with the other voting members.

Check out the "Concert Promotion Madness" link at the bottom of the page. Maybe all bets are off.

The truth I  think is the promoters getting a bit excited. Mike will probably now send the lawyers after Brian/ Al and Dave....for their own good of course, then they will have to go after the promoters. A normal BB summer.

Mainz is just about an hour away from where I live, so I'm definitely going to be there to see the original Beach Boys and other occasional Beach People.

Very interesting. Why do they do this? They should know that Mike's probably gonna sue? But I think Al is allowed to call himself a "beach boy" in public since he won part of the last lawsuit (don't know about Dave, because he's not a member of Brother Rec. , maybe Jon Stebbins or AGD can give some info).

My impression:
You have to be authorized by the owners of "the Beach Boys" to use the name.  I take it Mike (the Mike and Bruce band) entered an agreement to have the exclusive rights to the name for live performances.  Brian and Al and the other shareholders likely got money up front and get a cut every time the current Beach Boys band performs in return for giving the rights to Mike.   Al was enjoined from using the name because Mike is paying for exclusive rights.  Al could not use the name without permission even though he is a shareholder and a legacy member of the Beach Boys. Brian, you, or myself could/would be similarily enjoined if we tried to use the name.
Is this correct?
Also who owns Dennis's share now and (if this is commonly known) what did they pay for it?


     

His estate owns it, doesn't it? (Thus not paying anything for it.)

No, BRI owns Dennis' share. It was absorbed back into the corporation, so it doesn't really exist anymore.




   

In this german article (http://www.main-rheiner.de/region/objekt.php3?artikel_id=2757092 (http://www.main-rheiner.de/region/objekt.php3?artikel_id=2757092)) they are again advertised as "The Beach Boys" and it says that they even tour under "The original Beach Boys".

Mike, Brian & Al have the right to use the name Beach Boys IF GRANTED A LICENSE by BRI.  To date, Al had a license, it expired.  Mike has the only current license, so it is exclusive.  BRI (For the record, Mike, Brian, Al & Carl's estate) could vote to grant another license. To my knowledge, that has not yet happened.

I see the article mentions Kokomo...I would bet thats one tune they will not be performing. You wonder how this information or misinformation gets out there, does anyone check their facts??? For example, there was one advertising David and Alan with a picture of Mike and Bruce!!

Who votes for Carl's estate?