Jardine

Brother Records, Inc. v. Jardine

Caution
318 F.3d 900·2003 WL 192084
United States Court of Appeals for the Ninth CircuitJanuary 28, 2003No. 01-57095California5,586 words

Opinion

Lead Opinion

Tashima, J.

Alan Jardine appeals the district court’s grant of summary judgment in favor of Brother Records, Inc. (“BRI”), on BRI’s Lanham Act, 15 U.S.C. §§ 1051-1129 , trademark infringement action alleging that Jardine infringed BRI’s “The Beach Boys” trademark. Jardine also appeals the district court’s grant of summary judgment in favor of BRI on Jardine’s counterclaims that BRI breached a lifetime employment agreement and license agreement. Finally, Jardine appeals the district court’s denial of his motion to amend his counterclaim to add third-party claims and an additional counterclaim. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

BACKGROUND

In 1961, A1 Jardine, Mike Love, Brian Wilson, Carl Wilson, and Dennis Wilson formed The Beach Boys. The band shortly thereafter achieved huge commercial success, producing numerous hit songs and touring to huge audiences throughout the country. In 1967, the members of the Beach Boys incorporated BRI to hold and administer the intellectual property rights for The Beach Boys. Currently, BRI is equally owned by four shareholders, who are also its directors: A1 Jardine, Mike Love, Brian Wilson, and the estate of Carl Wilson.…

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