Members of the 1970s funk band War are suing PepsiCo Inc. (PEP)
for more than $10 million, claiming the soft-drink giant didn't
negotiate with them to use their song "Why Can't We Be Friends" in
a new commercial, the Associated Press reports Thursday.
In a lawsuit filed Wednesday in Los Angeles, some of the group's
original members and a relative said they learned the 1975 hit was
in the ad for Pepsi Max only when the commercials launched in
July.
Even if PepsiCo and its advertising agency TBWA/Chiat/Day got
rights from the music's publishers or anyone else who owns them,
attorney Max Sprecher said the company should have negotiated with
the artists, too.
PepsiCo, based in Purchase, N.Y., said in a statement that it
believes the lawsuit has no merit.
"Pepsi has a long history of partnering with iconic celebrities
and musicians and we value our relationship with the music and
entertainment industry," the company said.
TBWA/Chiat/Day didn't immediately return messages seeking
comment Thursday, the AP says.
Full story at
http://hosted.ap.org/dynamic/stories/U/US_PEPSICO_WAR_LAWSUIT?SITE=CACRU&SECTION=HOME&TEMPLATE=DEFAULT
-Dow Jones Newswires; 212-416-2900