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The Intellectual Property StrategistKickerSectionsNewsLJN Newsletters

IP NEWS

By Compiled by Kathlyn Card-Beckles and Gregg A. Paradise, Kenyon & Kenyon
October 02, 2003

Nominative Fair Use For 'Beach Boys Family and Friends' Rejected

In Brother Records Inc. v. Jardine, No. 01-57095, (9th Cir. Jan. 28, 2003), the Ninth Circuit rejected Defendant's nominative fair use defense. In 1998, Alan Jardine, a member of the Beach Boys band, started touring with his own band that he called 'Beach Boys Family and Friends.' Brother Records Inc., the company formed by the original Beach Boys band to administer their trademarks, sued for trademark infringement.

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