San Francisco toy company Goldieblox will have to fight for their right to use a Beastie Boys song in a recent ad.
Last month, the company filed a preemptive lawsuit against the band claiming fair use over the ad’s parodic nature. Surviving Beastie Boys members Mike D and Ad-Rock wrote an open letter to the company, explaining that Beastie Boys music was never to be used to sell products. According to The New York Times, the group is now officially suing the company, stating that Goldieblox “has engaged in the systematic infringement of intellectual property.”
“GoldieBlox achieved and continues to achieve additional publicity, press coverage, and, upon information and belief, greater sales of its products, as a direct result of the Beastie Boys’ perceived affiliation with the GoldieBlox Advertisement,” the claim states. “Unfortunately, rather than developing an original advertising campaign to inspire its customers to create and innovate, GoldieBlox has instead developed an advertising campaign that condones and encourages stealing from others.”
The suit also claims that the Beastie Boys “have suffered injury to their business, good will and property,” and are “entitled to recover from GoldieBlox the gains, profits and advantages.”
Goldiblox has since taken down the viral ad, but still contends that the company “strongly believe that the parody constitutes fair use.”