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Bit Parts

By Stan Soocher

Band-Name Disputes/Claim Preclusion

The U.S. Court of Appeals for the Ninth Circuit held that a breach-of-fiduciary-duty suit in California state court by Al Jardine ' an original Beach Boys member and a director of the band's Brother Records Inc. (BRI) ' against BRI can proceed despite a related federal court ruling against Jardine over use of “The Beach Boys” trademark. Brother Records Inc. v. Jardine, 04-55096. The California Court of Appeal had decided that the federal ruling didn't present a res-judicata bar to Jardine's state suit. The federal appeals court noted: “Jardine's breach of fiduciary duty claim does not threaten the district court's continuing jurisdiction to enforce the injunction, which prohibits Jardine from using the Beach Boys trademark. Even if there was some question about the possibility of interference with the injunction, 'any doubts as to the propriety of a federal injunction against state court proceedings should be resolved in favor of permitting the state courts to … finally determine the controversy.'”

Contractual Wrong-doing/Statute of Limitations

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