Love filed suit in Los Angeles Federal Court this week (ends04NOV05), alleging Wilson had "shamelessly misappropriated Mike Love's songs, likeness, and the Beach Boys trademark, as well as the Smile album itself" in the promotional material for Smile.
As the SURFIN' USA group's main songwriter, Wilson decided to scrap the Smile album in 1969, only a few weeks before THE Beatles released their SGT PEPPER'S LONELY HEARTS CLUB BAND LP. He then joined forces with other musicians to release the long-awaited disc last year.
In the suit, Love alleges Wilson's Smile publicity diluted the Beach Boys' brand name and negatively affected the sales of the group's albums.
Love is also annoyed at Wilson's decision to allow British newspaper Mail On Sunday to give away free copies of a Beach Boys' compilation disc.
Love is asking for damages amounting to "millions of dollars in illicit profits" and a further $1 million (GBP555,500) for international advertising "designed to correct the effects of its unfair competition and infringing uses".