Original Beach Boy Alan Jardine has lost his fight against a court order which bans him from touring under the band's name.
Jardine (left) with Carl and Brian Wilson
Justices at the Supreme Court in Washington refused to hear an appeal from Jardine against the ruling, made in January.
Jardine began touring as Beach Boys Family and Friends in 1998.
However, he did not have permission to use the band name despite owning a quarter of the company that owns it.
The name is owned by Brother Records, which jointly belongs to Jardine and other founder members Mike Love, Brian Wilson and the estate of Carl Wilson, who died in 1998.
However, only Love is licensed to perform under the Beach Boys name. Jardine has said he formed his own touring band after Love refused to tour with him.
Brother Records argued that Jardine was denied use of the name after he "did not agree to abide by terms of a proper licence".
Love took action against Jardine after complaints that his use of the name was confusing fans.
In 1999 more than 1,700 Florida fans demanded their money back after they turned up to a concert to find Al Jardine's group playing rather than the original Beach Boys.
A judge placed a temporary banning order stopping Jardine for using the name for his group the following year.
The Beach Boys formed in 1961 and became one of the biggest groups of the 1960s, with a string of hits including Surfin' USA, Good Vibrations and God Only Knows.
Founder member Brian Wilson also tours as a solo artist.