Mike Love v. Hiram Walker Inc, 1991 Lawsuit Questions

[guitarfool2002]

>>>Thursday, February 28, 1991 7:00 pm  Associated Press
Beach Boy Mike Love is suing the maker of Kokomo liqueur, claiming the purveyor of spirits used his name and likeness on a promotional poster without his consent.

Love, whose song ``Kokomo' was a hit in 1988, said in a federal lawsuit that he had an agreement with Hiram Walker to appear at a concert in Daytona Beach, Fla., with his Endless Summer Beach Band.

Love said he canceled the week before the March 17 show when he learned that the company was advertising two concerts, not one, and that he would be appearing with a dance group called the ``Kokomo Girls.' But he said his band could go on without him.

On the day of the concert, posters appeared showing him between two women in bikinis, with the words ``Hiram Walker' underneath, the suit said. His name was also on the poster, it said.

``It's a suit that's just being issued because of a perceived unauthorized endorsement in connection with our liqueur. That's all I can say,' Hiram Walker spokesman Henry Pomeroy said Thursday.


>>>March 04, 1991|From United Press International
Beach Boy Sues Liquor Company: Michael Love of Santa Barbara, who sang with the Beach Boys, sued Michigan-based Hiram Walker Inc., alleging that the liquor company unlawfully used his picture and name on a poster for its Kokomo tropical liquor last spring. Love, who wrote and recorded the song "Kokomo" in 1988, had been negotiating a deal to perform with his band, Endless Summer Beach Band, for a Hiram Walker promotional, but talks broke down last January over numerous changes in the promotion. Love contends in his suit that he refused to authorize the company to use his name or likeness without prior approval and that he forbade use of his picture or signature in any campaign that would imply endorsement of the liquor. The suit seeks at least $720,000 in damages. A Hiram Walker spokesman said company lawyers were reviewing the suit and there was no immediate comment. (Case No. 91-1036. Filed Feb. 26.)



A few points:

- What was the outcome of this case?

- What about this dance troupe "Kokomo Girls", were they actually a touring dance troupe that played other shows with Mike or the BB's or was this just for the Daytona promotional event?

- Does anyone have or know where to find a copy of the poster with Mike and the bikini girls mentioned in the report?

- Is it just me or is this excerpt so absurd it's hilarious:
Love said he canceled the week before the March 17 show when he learned that the company was advertising two concerts, not one, and that he would be appearing with a dance group called the ``Kokomo Girls.' But he said his band could go on without him.

On the day of the concert, posters appeared showing him between two women in bikinis, with the words ``Hiram Walker' underneath, the suit said. His name was also on the poster, it said.


It's not a case you hear mentioned too often in BB's history, I was just curious if anyone had more info beyond these wire reports.

[bgas]

  I suppose that means the two shows listed onsite  ( http://www.esquarterly.com/bellagio/gigs90.html ) for March 16 & 17, 1990  didn't actually happen? 

[Cam Mott]

Or sounds like the ESBB might have played the dates without Mike.

[bgas]

Or sounds like the ESBB might have played the dates without Mike.

That's a fair point; perhaps Ian has info?  Tho, if it's just the ESBB and no Mike, does it really belong on the concert list?

[Cam Mott]

Or sounds like the ESBB might have played the dates without Mike.

That's a fair point; perhaps Ian has info?  Tho, if it's just the ESBB and no Mike, does it really belong on the concert list?

I don't know, I guess that would be the list maker's call. Maybe with a footnote.

[Ian]

As the list maker, I shall have to research that and get back to you

[Ian]

Ok so those two shows did not take place and agd will alter it on bellagio

[HeyJude]

While we’re on subject of shows from around this time, can anyone confirm the date/location of a soundboard recording that circulates that purports to be from June 6, 1990 in Tennessee? The date isn’t listed at Bellagio or the “Beach Boys In Concert” book. On the recording, Al is absent, and Matt sings his part on “Somewhere Near Japan”, and I believe also takes the lead on “Rhonda.” It’s been quite a while since I actually listened to it. I don’t think Foskett or Baker are on it (Foskett was gone sporadically with Adrian Baker filling in, then did his last show on July 4 with Adrian Baker returning).

The reason the purported date sticks with me is that Mike missed a short string of late May/early June shows due to some “Endless Summer Band” gigs, including June 2 in Ontario (where Al sang all of most or Mike’s leads, and for which a wonky sounding audience recording exists). I always found it odd that the BB’s did a gig on June 2 without Mike, and then only four days later Mike returned but Al was absent. I also wonder if Matt Jardine did any shows prior to Adrian Baker’s 1991 (or was it 1992?) departure where he (Matt) did all the falsetto stuff on his own.

I don’t know if they did “Somewhere Near Japan” at any shows in 1991; I seem to vaguely recall it only sporadically was in the setlist in 1989 and/or 1990. So I’m curious if the dating is wrong (which could easily be the case), is the show still from 1990, or 1991? The only other thing I can remember, having not heard the recording in a number of years, is that Mike makes a passing reference to Al being “on sabbatical”, which I always assumed was a polite if snarky way to indicate he wasn’t out sick and maybe something was going on behind the scenes, but nothing too serious.

The show is on Eric’s Setlist Archive, but I sense someone submitted it based on the circulating soundboard recording, as it only lists the 6/6/90 date and that it was in Tennessee. It’s on setlist.fm as well, and lists a venue and city (Mid-South Coliseum, Memphis), so I don’t know where that came from.

[Ian]

I'll look into it and get back to you

[Ian]

They played Memphis on August 25 1990. I'll check my files and see if I have a review of it. Perhaps that would shed light on whether al was there. Though often reviewers are clueless and can't tell Dennis from mike. 

[Ian]

I know that al missed occasional shows in the 90s and developed some problems with mike

[Rocker]

I always had that show as June 6th in Memphis, TN. See here:

http://members.tripod.com/~fun_fun_fun/6-6-90.html


If that's wrong I also would like to know the correct data.

[HeyJude]

They played Memphis on August 25 1990. I'll check my files and see if I have a review of it. Perhaps that would shed light on whether al was there. Though often reviewers are clueless and can't tell Dennis from mike. 

Thanks for checking on that. It's been so long since I listened to the recording; I can't remember if Mike or anyone actually namechecks Memphis or Tennessee.

Setlists.fm is far from 100% accurate, but they only show performances of "Somewhere Near Japan" taking place in 1990. That *may* rule out any year other than 1990, and then, if there is some reference to Memphis or TN on the recording, then 8/25 could indeed be the date.

Curious if someone just made up the Mid-South Coliseum venue for the setlists.fm listing (especially since I sense that a lot of those setlists on that site are simply ripped from Eric's Setlist Archive).

There were some weird musical chairs going on in 1990/1991. Mike missed some shows in May/June with Gerry Beckley "filling in" (thought Al and in some cases Foskett sang most of Mike's leads rather than Beckley). Brian also filled in for Al I believe (or was it Mike? It's mentioned in the "In Concert" book) a few shows in 1990 I believe (separate from his few gigs he did the full lineup).

Later in the year, Carl missed some shows recovering from surgery. One of those shows (9/28 in Tahoe I believe) circulates from a camcorder video, and some other dude with big hair (forgot his name) filled in Carl's lead guitar parts, while I believe Bruce took some of Carl's leads like Carl's part on "Kokomo."

[bgas]

I always had that show as June 6th in Memphis, TN. See here:

http://members.tripod.com/~fun_fun_fun/6-6-90.html


If that's wrong I also would like to know the correct data.

That's Eric's page....

[Fall Breaks]

You probably thought about it already, but check for any location drops by Bruce in the Calif Girls coda.

[Ian]

Setlists and many other sites simply copied the list agd and I created at bellagio. When we first created the list there were errors and missing shows but we continually update the gigs and sessions as we find more info. The problem is that sites like setlist simply copied us and never update or fix the original errors.  When Jon and I wrote our book I did a lot more research and all the shows in the book are on bellagio. But since writing the book I've found a bunch of missing shows and now with the release Murphy's book we found even more early shows.  All have been added to bellagio.

[Ian]

By the way Eric's site is awesome but is dependent on the accuracy of info given by the contributer.  He had date and venue errors (which Keith badman copied in his book).  I sent him a lot of corrections over the years and he has updated the site many times.  Still a great resource

[Ian]

As we mention in the book, the bbs did a short tour of Spain in 1990 and Carl skipped it.

[Rocker]

I always had that show as June 6th in Memphis, TN. See here:

http://members.tripod.com/~fun_fun_fun/6-6-90.html


If that's wrong I also would like to know the correct data.

That's Eric's page....

Yeah, I know. So?

[bgas]

I always had that show as June 6th in Memphis, TN. See here:

http://members.tripod.com/~fun_fun_fun/6-6-90.html


If that's wrong I also would like to know the correct data.

That's Eric's page....

Yeah, I know. So?

So Hey Jude had already posted everything you did; there's a need to duplicate his post? if someone answers him you won't be able to read it?  Sheesh

[Ian]

Ok so Memphis shows were August 25 1990. I have Pre show interview with mike and concert review and unfortunately neither discusses al at all.  But he probably was absent for some reason