Beastie Boys, Monster Lawsuit: Band Sues Energy Drink Company To Uphold Adam Yauch's No-Ad Wish

Beastie Boys Already Have To Sue To Uphold Adam Yauch's Will
FILE - In this 1989 file photo originally provided by Capitol Records, members of the Beastie Boys, from left, from left, Adam Horovitz, known as Adrock, Michael Diamond, known as Mike D and Adam Yauch, known as MCA, are shown. Yauch, the gravelly voiced Beastie Boys rapper who co-founded the seminal hip-hop group, died, Friday, May 4, 2012, at age 47 after a nearly three-year battle with cancer. Also known as MCA, Yauch was diagnosed with a cancerous salivary gland in 2009. (AP Photo/Capitol Records)
FILE - In this 1989 file photo originally provided by Capitol Records, members of the Beastie Boys, from left, from left, Adam Horovitz, known as Adrock, Michael Diamond, known as Mike D and Adam Yauch, known as MCA, are shown. Yauch, the gravelly voiced Beastie Boys rapper who co-founded the seminal hip-hop group, died, Friday, May 4, 2012, at age 47 after a nearly three-year battle with cancer. Also known as MCA, Yauch was diagnosed with a cancerous salivary gland in 2009. (AP Photo/Capitol Records)

The Beastie Boys are suing Monster Energy Drink for using their music and names in promotional videos. This news comes immediately after the revelation that the late Adam "MCA" Yauch's will contained the following handwritten addition: "In no event may my image or name or any music or any artistic property created by me be used for advertising purposes."

Michael "Mike D" Diamond, Adam "Ad-Rock" Horovitz and Yauch's estate were plaintiffs in the case. The suit claims the inclusion of the group's name and snippets from "Sabotage," "So Whatcha Want" and "Looking Down the Barrel of a Gun" -- which totaled over three minutes -- wrongfully gave the impression that the group gave permission for their use.

The case was filed in New York. The videos in question were promotions for Ruckus in the Rockies, a Monster-sponsored event. Variety notes that penalties may be stiff, as the suit not only asks for an injunction but "statutory damages of $150,000 for each infringement of their works."

A trusts and estates lawyer writing on Forbes.com cautioned that Yauch's addition his will may not be valid.

"Yauch was likely making a statement to the world that life is about more than profit," writes Wendy Goffe. "He attempted to exercise control over his name, image and legacy in order to make that point. The sad irony is that Yauch’s heirs may desperately need that profit to pay the legal bills that result from his final act of defiance."

Music of Adam Yauch the Beastie Boys

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