Update regarding lawsuite ?

[Rocker]

Really don't know what to think of this. There's nothing new and I don't know what this article should tell us about the situation. Maybe that Brian and Al still like each other?


Found the link on the blueboard:

http://www.dailynews.com/ci_8615654?source=rss

Settlement hearing begins in ex-Beach Boys case
Daily News Wire Services
Article Last Updated: 03/18/2008 02:19:34 PM PDT


Settlement Conference Begins in Suit Between Ex-Beach Boys Bandmates

With the help of a judge, lawyers for Mike Love and his former Beach Boys bandmate Al Jardine today began trying to settle litigation related to their past feud over use of the band's name.

The current case centers around Love's request for about $2 million in attorneys' fees spent in previous litigation against Jardine in federal court.

Jardine and another former Beach Boy, Brian Wilson, were present in the courtroom of Los Angeles Superior Court Judge Alexander Williams, who became angry when he learned Love was not there for the start of the conference.

"What does that mean when someone doesn't show up? That means they think they are more important than everyone else," said Williams, who started the conference by meeting with attorneys in chambers.

Although the lawyers said they expected Love to show up, by late morning he was still not there.

Williams later closed the courtroom to the public. The settlement conference is a last-ditch effort to settle the case before the scheduled April 14 trial date.

Love and Brother Records Inc., the Beach Boys' corporate identity, sued Jardine in April 2003 for fronting a group that used various versions of the Beach Boys name.

Jardine had been touring under the names "Beach Boys Family & Friends," "Al Jardine, Beach Boy" and "Al Jardine of the Beach Boys" until a federal judge, ruling in a
copyright infringement case brought by Love, that the singer-guitarist could not use any reference to "Beach Boys."
Jardine's lawyer, Lawrence C. Noble, maintains in his court papers that the request for the fees should be denied because it was not made in federal court.

According to the suit, Love is the sole licensee, through Brother Records, to perform under the name "Beach Boys." Jardine "did not agree to abide by terms of a proposed license," so he was denied use of the name, the suit states.

A federal appeals panel in 2003 upheld a previous finding by U.S. District Court Judge Harry Hupp that Jardine cannot use the band's name for his own projects.

While the lawyers were in chambers with Williams, Jardine and Wilson sat in the audience and chatted, occasionally singing lines from "Help Me Rhonda" -- for which Jardine was the lead singer -- and "Tom Dooley," the Civil War-era folk song made famous in a version by The Kingston Trio.

Jardine also told Wilson he hated music producer Phil Spector's "Wall of Sound" because it was difficult to hear the beat. He said Wilson's musical arrangements were richer and better.

"All he (Spector) had was the `Wall of Sound,"' Jardine told Wilson. "You transcended that."

The Beach Boys, formed in the early 1960s, originally consisted of Carl, Brian and Dennis Wilson; Love, their cousin; and Jardine. Dennis Wilson died in 1983 and Carl Wilson died in 1998.

Brian Wilson rarely tours, and only Love from the original group still performs under the Beach Boys name, booking about 150 concerts annually.

Jardine and Love are still members of the board of directors of Brother Records, along with Brian Wilson and the Carl Wilson Trust.

In June 2001, Jardine filed a $4 million suit against Love and Brother Records, alleging Love excluded him from concerts in 2001. A judge later dismissed the complaint.

Jardine played football at Hawthorne High School with Brian Wilson.

[♩♬🐸 Billy C ♯♫♩🐇]

I don't know that Brian "rarely" tours, in that he does more touring than recording these days...

[Roger Ryan]

I'd be interested in seeing/hearing Brian's reaction to Al claiming he hated Spector's 'Wall Of Sound" production!

[Alf64]

  Being that Mike was late to show up it only shows how unimportant this is for him. Too bad it isn't still about the musci and pleasing the fans. Except of course in Al's and brian's eyes.... and hearts.

[MBE]

It hard to get a take on what Mike thinks, but it's nice that Al and Brian are getting along.

[Ron]

Most desirable BB's related boot yet? 

[Bicyclerider]

Sounds like Al was trying to reassure Brian that he was as great or greater than Spector - wonder what Brian said to Al to get him on that subject?

It doesn't surprize me that Al the folkie wasn't a big fan of the spector wall of sound - way too avant garde for his taste.  And I don't agree that the beat was lost - sometimes that's all that can be discerned in the wash of echo, the pianos/basses/drums/guitars/percusion keeping the beat!

[Rocker]

Mike Love and his former Beach Boys bandmate, Al Jardine, settled litigation related to their past feud over use of the band's name, an attorney in the case confirmed today.

The case centered in large part around Love's request for about $2.2 million in attorneys' fees spent in previous litigation against Jardine in federal court.

DiMare said the terms of the settlement are confidential, but that both Love and Jardine were pleased with the outcome.

"Mr. Love and Mr. Jardine are looking forward to bringing more Beach Boys music around the world as the group approaches its 50th anniversary," DiMare said.

Other attorneys in the case were not immediately available for comment.

While the lawyers were in chambers with Williams the first day, Jardine and Wilson sat in the audience and chatted, occasionally singing lines from "Help Me Rhonda" -- for which Jardine was the lead singer -- and "Tom Dooley," the Civil War-era folk song made famous in a version by The Kingston Trio.

[Ron]

Sounds like Al was trying to reassure Brian that he was as great or greater than Spector - wonder what Brian said to Al to get him on that subject?

It doesn't surprize me that Al the folkie wasn't a big fan of the spector wall of sound - way too avant garde for his taste. 

Yeah, but isn't "beaks of eagles" pretty avant garde? 

[Pretty Funky]

"Mr. Love and Mr. Jardine are looking forward to bringing more Beach Boys music around the world as the group approaches its 50th anniversary," DiMare said.



...In what form I wonder?

[the captain]

"Mr. Love and Mr. Jardine are looking forward to bringing more Beach Boys music around the world as the group approaches its 50th anniversary," DiMare said.



...In what form I wonder?

That's easy: greatest hits reissues.

[Sheriff John Stone]

DiMare said the terms of the settlement are confidential, but that both Love and Jardine were pleased with the outcome.

"Mr. Love and Mr. Jardine are looking forward to bringing more Beach Boys music around the world as the group approaches its 50th anniversary," DiMare said.

OK, naive question of the year....What does that judge's comment mean? Does it mean that Mike and Al reached a truce and Al is free to rejoin the Beach Boys?

[Eric Aniversario]

DiMare said the terms of the settlement are confidential, but that both Love and Jardine were pleased with the outcome.

"Mr. Love and Mr. Jardine are looking forward to bringing more Beach Boys music around the world as the group approaches its 50th anniversary," DiMare said.

OK, naive question of the year....What does that judge's comment mean? Does it mean that Mike and Al reached a truce and Al is free to rejoin the Beach Boys?

I think it means that they can now continue to tour separately with no lawsuits hanging over their heads.  I don't think they'll be back together any time soon.

[Pretty Funky]

"Mr. Love and Mr. Jardine are looking forward to bringing more Beach Boys music around the world as the group approaches its 50th anniversary," DiMare said.



...In what form I wonder?

That's easy: greatest hits reissues.

Considering the various Greatest Hits type compilations of the last 5 years, how did Al using the BB name 'in concert' effect things?

[Ron]

Him using the name didn't prevent all of them from issuing bb's greatest hits cd's... the comment above from them is what's called "b.s.", it's when people are expected to say something so they just think up something that sounds nice and say that, then everybody goes "Oh, O.K!".

So basically it'll be business as usual, the good thing though is that at least Al doesn't have a lawsuit against him at the present.  Actually I think this is the last lawsuit that's still current, right? 

[Shady]

This trial is getting a lot of press coverage, just worsening Mike Love's name

[Sheriff John Stone]

This trial is getting a lot of press coverage, just worsening Mike Love's name

I agree it's more negative coverage for Mike and the group. The words "Mike Love" and "lawsuit" in the same sentence are starting to become commonplace in the press.

However, I also think Al Jardine appears as a sad figure, with those silly band names he had/has to come up with just to sell tickets. And when he sees how many (or lack of) solo albums he's about to sell as simply Al Jardine...

Why does Al have to include "The Beach Boys" name anyway? It was Dennis Wilson, solo artist - separate from The Beach Boys . Carl Wilson toured solo. Brian of course. And, at least Mike fought for The Beach Boys' name because he knew he couldn't continue a career simply as Mike Love (I'm giving him credit there!).

In these recent articles/interviews, Al tries to make these profound statements. He's embarrassing himself. 

[Andrew G. Doe]

...at least Mike fought for The Beach Boys' name because he knew he couldn't continue a career simply as Mike Love (I'm giving him credit there!).

After Carl's passing and the contracted gigs were fulfilled, Mike & Bruce went out as America's Band. Couldn't get arrested, so they asked BRI for permission to use the franchise name, and that's where the license scheme originated.

[Exapno Mapcase]

"However, I also think Al Jardine appears as a sad figure, with those silly band names he had/has to come up with just to sell tickets. And when he sees how many (or lack of) solo albums he's about to sell as simply Al Jardine..."

Let me guess: you were a butterfly in your past life and Al pulled your wings off. What have you got against him?  Jeez, you're a bilious motherfucker, aren't you?

Take two and call me in the morning.

[pixletwin]

"Mr. Love and Mr. Jardine are looking forward to bringing more Beach Boys music around the world as the group approaches its 50th anniversary," DiMare said.



...In what form I wonder?

Maybe the delay on TLOS is because the BB are going to record it.....


 

[Sheriff John Stone]

I just got some "inside information" on the terms of the settlement. The judge considered any new solo albums from any of the Beach Boys to be cruel and unusual punishment. So he is ruling the following:

Brian Wilson, Mike Love, Al Jardine, Bruce Johnston, and David Marks (aka The Beach Boys) must report to Al Jardine's barn in January 2009. A steady supply of food and beverages will be provided. At that time, Rick Rubin will be introduced to the group as co-producer (with Brian Wilson) for a new album, titled Seasons In The Sun, to be recorded and released as part of The Beach Boys' 50th Anniversary celebration. An accompanying DVD, directed by Martin Scorsese, will feature the recording of the album and a special 50th Anniversary concert. The details are as follows:

The Beach Boys - Seasons In The Sun (the album) - produced by Brian Wilson & Rick Rubin

1. Brian Wilson composed song
2. "
3. "
4. "
5. "
6. Mike Love composed song
7. "
8. Al Jardine composed song
9. "
10. Bruce Johnston composed song
11. "
12. David marks composed song
13. "
14. Sea Cruise - vocal by Dennis Wilson, remixed & remastered
15. Seasons In The Sun - vocal by Carl Wilson, remixed & remastered

The Beach Boys - Seasons In The Sun (the concert) - directed by Martin Scorsese

Highlights:

"Concert Introduction" by Fred Vail
"Be True To Your School" featuring The Honeys
"Dance Dance Dance"/"Do You Wanna Dance" - featuring Glen Campbell & Hal Blaine
"Sail On Sailor" featuring Blondie Chaplin and Ricki Fataar
"Barbara Ann" featuring Dean Torrence
"Help Me Rhonda" featuring Ed Carter, Billy Hinsche, Mike Kowalski, Bobby Figueroa, Jeff Foskett, Richie Cannata, and Charles Lloyd
"Good Vibrations" featuring The Beach Boys' children
"Fun, Fun, Fun" featuring the entire cast

I have to go now, Jim Morrison's at the door, Bob Dylan's on the phone, and I'm meeting Paul McCartney for some English tea...

[Pretty Funky]

Beach Boys End Their Legal Dispute


By THE NEW YORK TIMES
Published: March 22, 2008
A long legal dispute over the rights to the Beach Boys’ name has been settled. After a two-day conference in Superior Court in Los Angeles, two original members of the group, Al Jardine and Mike Love, reached an agreement over use of the name on Wednesday, The Associated Press reported. The Beach Boys were founded in 1961 by Carl, Dennis and Brian Wilson, above; Mr. Love, their cousin; and a friend, Mr. Jardine. Dennis Wilson died in 1983, and Carl Wilson died in 1998. Mr. Love had sued Mr. Jardine, claiming Mr. Jardine improperly used versions of the name while fronting his own band. A federal judge ruled in 2000 that Mr. Jardine was engaging in trademark infringement for touring under names including Beach Boys Family & Friends, and that Mr. Love, a co-founder and one of the original lead singers, was sole licensee of the name. A federal appeals court upheld that ruling in 2003. Mr. Love and Carl Wilson’s estate sued Mr. Jardine again in 2004 for $2.2 million in legal fees spent in the original litigation against him. It was that case, set for trial in April, that was settled this week. Details of the settlement were not disclosed, but lawyers suggested it could pave the way for a reunion of the band’s three surviving founders.

[smile-holland]

"However, I also think Al Jardine appears as a sad figure, with those silly band names he had/has to come up with just to sell tickets. And when he sees how many (or lack of) solo albums he's about to sell as simply Al Jardine..."

Let me guess: you were a butterfly in your past life and Al pulled your wings off. What have you got against him?  Jeez, you're a bilious motherfodaer, aren't you?

C'mon people, one big lawsuit regarding this topic is enough at the moment... 

[Exapno Mapcase]

e'll kiss and make up and join the others at the barn   

[Awesoman]

"Mr. Love and Mr. Jardine are looking forward to bringing more Beach Boys music around the world as the group approaches its 50th anniversary," DiMare said.



...In what form I wonder?

That's easy: greatest hits reissues.

Ironically, I hear there are plans for yet another Beach Boys "greatest hits" compilation...

http://www.musictap.net/Archives/Posts/Posts08/ArchivalPosts2008Mar0915.html#031408  (scroll down to March 12th)