The two remaining Beastie Boys Michael "Mike D" Diamond and Adam "Ad-Rock" Horovitz are crossing their fingers that the late Adam "MCA" Yauch isn't rolling his eyes up in hip-hop heaven right about now.
Yauch, 47, died of cancer in May. His will was finally filed this week in a Manhattan court, stating, "In no event may my image or name or any music or any artistic property created by me be used for advertising purposes."
Now Diamond and Horovitz, along with Yauch's widow Dechen Wangdu Yauch, are suing the makers of Monster energy drink. The trio claims that the company used an unauthorized, 23-minute medley of the Beastie Boy's music in a promotional video.
The plaintiffs allege that the energy drink vendor tried to create "an association" with the Beastie Boys by using several of their hit tunes in a promotional campaign without properly licensing them. Now, the "Brass Monkey" boys want Monster Energy to take down its promotional video for its 2012 Ruckus in the Rockies event, which the suit claims was posted to the drink's website in May.
The Beastie Boys tunes included in the promotional video are "Sabotage," "So Whatcha Want," and "Looking Down the Barrel of a Gun."
Yauch strongly voiced his opinion about his band's music being used in ads and commercials even while alive. In 1998's "Putting Shame in Your Game" Yauch raps "I might stick around or I might be a fad / But I won't sell my songs for no TV ad," and in 2004's "Triple Trouble" he sings "Ain't selling out to advertisers."
The Beastie Boy suit states, "The text accompanying Monster's internet postings, video and MP3 conveyed to consumers the impression that Beastie Boys permitted the use of their name and intellectual property, and participated in connection with Monster's promotion of its products and events."
Mike D and Ad-Rock along with Wangdu Yauch are currently seeking unspecified damages for alleged copyright infringement and various other intellectual property violations. Yauch's will leaves an approximately $6 million estate to his widow and their 13-year-old daughter, Tenzin Losel Yauch.
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