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Black Keys Sue Home Depot and Pizza Hut Over Songs in Ads

Black Keys Sue Home Depot and Pizza Hut Over Songs in Ads

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Published by FindLaw
The Black Keys, an enormously successful blues-rock duo, has sued the Home Deport and Pizza Hut for allegedly using songs off the group's most recent album in advertisements without the group's permission.
The Black Keys, an enormously successful blues-rock duo, has sued the Home Deport and Pizza Hut for allegedly using songs off the group's most recent album in advertisements without the group's permission.

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Published by: FindLaw on Jun 22, 2012
Copyright:Attribution Non-commercial

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07/10/2013

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RUSSELL J. FRACKMAN (SBN 49087)
msk.com
STINE LEPERA
(pro hac vice
motion forthcoming)
msk.com
STINA E. DJORDJEVICH (SBN 262721)
msk.com
HELL SILBERBERG & KNUPP LLP
11377 West Olympic Boulevard
Los Angeles, California 90064-1683
Telephone: (310) 312-2000
Facsimile: (310) 312-3100
Attorneys for Plaintiffs
n-3
c_n
Cr)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
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CASE
i
p
12-5386
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DANIEL AUERBACH and PATRICKCARNEY (collectively and
p
rofessionally known as "THE BLACK
YS"); TFM BLACK KEYS
PARTNERSHIP d/b/a MCMOOREMCLESST PUBLISHING; and BRIANBURTON p/k/a DANGER MOUSEindividually and d/b/a SWEET
SCIENCE,
Plaintiffs,
COMPLAINT FOR
COPYRIGHT INFRINGEMENT
DEMAND FOR JURY TRIAL
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V.
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THE HOME DEPOT, INC., a Delaware
corporation; and DOES 1 — 10,
inclusive,Defendants.
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Mitchell Silberberg &
Knupp LLP
Plaintiffs Daniel Auerbach ("Auerbach") and Patrick Carney ("Carney")(collectively and professionally known as "The Black Keys"), Plaintiff The BlackKeys Partnership d/b/a McMoore McLesst Publishing and Plaintiff Brian Burtonp/k/a Danger Mouse d/b/a Sweet Science ("Burton") (collectively, "Plaintiffs")
aver as follows:
COMPLAINT FOR COPYRIGHT INFRINGEMENT
82400.1 / 42943-00000
Case 2:12-cv-05386-RSWL-RZ Document 1 Filed 06/21/12 Page 1 of 16 Page ID #:4
 
PRELIMINARY STATEMENT
I.
laintiffs bring this action seeking to put an immediate stop to, and toobtain redress for, Defendants' blatant and purposeful infringement of the
copyright in Plaintiffs' musical composition entitled
"Lonely Boy."
2.Plaintiffs are hugely successful musical artists and songwriters.Plaintiffs Auerbach and Carney comprise the Grammy Award-winning, criticallyacclaimed musical duo "The Black Keys," whose most recent album
"El Camino"
debuted at Number 2 on the Billboard 200 Chart, has been certified Gold and has
sold more than 800,000 units. Plaintiff Burton, professionally known as "DangerMouse," is also a lauded musical artist, songwriter and producer. Burton formed
the enormously popular duo "Gnarls Barkley" and was named "Producer of theYear" at the Grammy Awards in 2011.
"Lonely Boy",
which was co-written by the
Plaintiffs, is the lead single from the album
"El Camino."
3.
Recognizing Plaintiffs' popularity, talent and goodwill, and in a
brazen and improper effort to capitalize on Plaintiffs' hard-earned success,Defendants have created and publicized (or caused to be created and publicized) acommercial advertisement for "Ryobi" brand power tools which prominentlyfeatures significant portions of Plaintiffs' musical composition
"Lonely Boy"
without authorization from Plaintiffs. Defendants' infringing commercial
advertisement can be viewed at http://www.youtube.com/watch?v=btTEaFJV8hQ.4.
Defendants' conduct is causing, and unless immediately enjoined will
continue to cause, enormous and irreparable harm to Plaintiffs. Defendants maynot continue to exploit Plaintiffs' musical composition without authorization in
order to advertise products to the public. Defendants' conduct must immediately
be stopped and Plaintiffs must be compensated for Defendants' willful acts of
infringement.
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Mitchell Silberberg &
Knupp LLP
82400.1/42943-00000
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COMPLAINT FOR COPYRIGHT INFRINGEMENT
Case 2:12-cv-05386-RSWL-RZ Document 1 Filed 06/21/12 Page 2 of 16 Page ID #:5
 
JURISDICTION AND VENUE
5.This is a civil action seeking damages and injunctive relief forcopyright infringement under the Copyright Act of the United States, 17 U.S.C.
§ 101,
et seq.
6.This Court has subject matter jurisdiction over this action pursuant to28 U.S.C. §§ 1331 and 1338(a).7.This Court has personal jurisdiction over Defendants because, amongother things, Defendants are doing business in the State of California and in thisjudicial district, the acts of infringement complained of herein occurred in the Stateof California and in this judicial district, and Defendants have caused injury toPlaintiffs and their intellectual property in the State of California and in thisjudicial district.8.Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b) and
(c), and/or § 1400(a).
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Mitchell Silberberg &
Knupp LLP
82400.1 / 42943-00000
THE PARTIES
9.
Plaintiff Auerbach is a musical artist and a songwriter, a co-author of
the musical composition entitled
"Lonely Boy,"
and a legal and/or beneficial ownerof a copyright interest in and to that musical composition.10.Plaintiff Carney is a musical artist and a songwriter, a co-author of themusical composition entitled
"Lonely Boy,"
and a legal and/or beneficial owner of
a copyright interest in and to that musical composition.11.Plaintiff The Black Keys Partnership d/b/a McMoore McLesstPublishing is a copyright owner and claimant in and to the musical composition
"Lonely Boy."
12.Plaintiff Burton, individually and d/b/a Sweet Science, is a musicalartist, songwriter and producer, a co-author of the musical composition entitled
"Lonely Boy,"
and a legal and/or beneficial owner of a copyright interest in and tothat musical composition.
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COMPLAINT FOR COPYRIGHT INFRINGEMENT
Case 2:12-cv-05386-RSWL-RZ Document 1 Filed 06/21/12 Page 3 of 16 Page ID #:6

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Popular rock band, Black Keys, did not give permission to use their music in commercials for Pizza Hut or The Home Depot. The federal lawsuit was filed Thursday in relation with two songs appearing on the band's seventh album, "El Camino."
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