Written by: Heather Chin
(Previously published on March 25, 2008 @ http://thecelebritycafe.com/features/14832.html)
The hit rock group is suing the major record company, claiming illegal use of their name and reputation.
The New York Times and the AP report that longtime rock band, Smashing Pumpkins, is suing their record label for allegedly using their name and music without consent, thus illegally, and in the process, hurting the band’s credibility with fans.
The lawsuit filed in Los Angeles Supreme Court on Monday, cites “breach of contract.” Band members stated that they have “worked hard for over two decades to accumulate a considerable amount of goodwill in the eyes of the public,” and that their reputation for “artistic integrity” was threatened by Virgin’s use of their music in promotional ads for Pepsi Co. and Amazon.com.
Although Virgin has distributed Smashing Pumpkins’ records for over 17 years, the lawsuit claims that there was never any agreement or “authority granted to Virgin, or any other entity,” to use either the music or the band in any promotional campaigns for outside products. The band maintains that the only active agreement made was a deal with Virgin to sell digital downloads of Smashing Pumpkins songs.
The lawsuit demands that Virgin pay the band with the profits that were earned in the contested promotions.