A Totally Subjective Round-Up of Brian Wilson/Beach Boys News, Gossip & Trivia

Wednesday, November 16, 2005

Mike's Case Of Sour Grapes: Additional Details

We've finally obtained a copy of Mike Love's Complaint against Brian Wilson et al. We'll be posting more details as we make our way through the Complaint. Stay tuned! (Note: "Complaint" is a legal term of art which describes the document a Plaintiff files with a court in order to initiate a civil lawsuit.)

Complaint for damages and injunctive relief for the following causes of action:

Violation of Statutory and Common Law Rights of Publicity; Breach of Covenant of Good Faith and Fair Dealing; Action for Indemnity Under Written Indemnity Agreement; Declaratory Relief; Breach of Fiduciary Duty; Copyright Infringement for Unlawful Reproduction, Unlawful Preparation of Derivative Work, and Unlawful Distribution; Federal Trademark Infringement; Federal Unfair Competition – False Representation; Federal Trademark Dilution; State of California Unlawful Business Practices; Interference with Contractual Relations; Intentional Interference with Prospective Economic Advantage; Negligent Interference with Prospective Economic Advantages; and Civil Conspiracy

From the introduction of the Complaint:

“This action arises out of an international advertising and marketing scheme organized and orchestrated by Brian Wilson and his agents to promote the release of The Beach Boys’ long-awaited Smile album, at the expense of fellow Beach Boy Mike Love and The Beach Boys corporate entity, Brother Records, Inc. (“BRI”). This multimedia promotion shamelessly misappropriated Mike Love’s songs, likeness, and The Beach Boys trademark, as well as the Smile album itself, which has been identified with The Beach Boys for over thirty-seven years. The primary means used to implement the scheme was the use of “The Beach Boys” registered trademark, the misappropriation of images of Mike Love and the band, coupled with the “give- away” of over 2.6 million music CDs entitled “Good Vibrations.” This CD included a number of Beach Boys hit songs composed by Mike Love and Brian Wilson. The free Good Vibrations CD increased the sale of defendant Brian Wilson’s Smile CD, and defendant The Mail on Sunday’s newspapers, but it has had an adverse effect on the sales and value of the many Beach Boys CDs available for sale in the marketplace. Incredibly, the emails and correspondence by and between the defendants three weeks before the “give-away” on September 24, 2004 admit that they had to use The Beach Boys name and images to “engage” the audience. This suit seeks damages including the disgorgement of millions of dollars of illicit profits, and the protection of The Beach Boys trademark and the name and likeness of Mike Love and The Beach Boys.”