You wouldn’t like the Foo Fighters when they’re mad. The band filed a copyright infringement suit last week against Marvel Comics, accusing the company of using two of its songs in an online trailer without permission.
The band’s suit alleges that Marvel used substantial excerpts from the songs “Best of You” and “Free Me” from the 2005 album In Your Honor in a trailer for the new television series Wolverine and the X-Men. Roswell Records Inc., which owns the master recordings to the songs, was named as a co-plaintiff in the suit. Dave Grohl and Co. are seeking unspecified damages, attorneys’ fees and an injunction to prevent Marvel from using their music again.
Wolverine and the X-Men producers First Serve International, Toonz Animation India and First Serve Toonz are also named as defendants in the suit. The disputed trailer has been removed from Marvel’s website, and no premiere date for the series has been announced.
The ensuing legal battle is unlikely to slow down the formidable Foos, though. The band members performed the single “The Pretender” from their 2007 album Echoes, Silence, Patience & Grace at this year’s Grammy ceremony and walked away with a trophy for Best Hard Rock Performance. The band has been touring since January, and will continue traversing across the U.S. well into the summer.
Marvel has struck box office gold with its Spiderman and Fantastic Four film franchises, but saw Ang Lee’s adaptation of The Hulk fall flat on its big, green face back in 2003. The company hopes to electrify movie audiences once again May 2 when its latest big-screen comic book adaptation Iron Man is released.
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