Feuding BEACH BOY MIKE LOVE and his former bandmate AL JARDINE are again taking their ongoing legal dispute over whether Jardine can use the group's name to court.
On Tuesday (30JAN07), Los Angeles Superior Court Judge JAMES R DUNN rejected Love's motion to rule in his favour over reclaiming costs. In September (06), Dunn allowed the musician to pursue $2 million in court costs and $1 million in earnings he claims Jardine wrongly earned for using the Beach Boys' name.
However, on Tuesday Dunn ruled there is enough evidence for the still unresolved, long-running matter to go to trial, and ordered attorneys for both Love and Jardine to get in contact with him by the end of the month (FEB07) to discuss the status of the case.
Jardine's lawyer LAURENCE NOBLE says, "The judge will then decide on a trial date, or if there should be mediation or additional motions. Hopefully, this case will go away and Al Jardine can focus on making his music for his fans and not fending off this litigation."
In 2001, Jardine filed a $4 million (GBP2.1 million) lawsuit against Love and The Beach Boys' Brother Records Inc, accusing Love of excluding him from performing with the band that year.
The complaint was eventually dismissed but Love sued Jardine in 2003 for using the name The Beach Boys in the title of his band AL JARDINE OF THE BEACH BOYS. The same year federal courts ordered Jardine to cease using the Beach Boys name in the title of his bands.
Love maintains only he has the legal right to perform under the band's name.
