January 23, 2013

Black Keys Sue For Unauthorized Use Of "Howlin'" In Casino Ads

Carney et al. v. Chesky Records, Inc., No. 13-cv-0405 (S.D.N.Y. filed Jan. 17, 2013) (Batts, J.)

The Black Keys sued in New York federal court  "to put an immediate stop to, and to obtain redress for, Defendant's blatant and purposeful infringement of the copyright in Plaintiffs' musical composition entitled 'Howlin' For You'."  (Complaint, para. 1).  Defendants allegedly created and publicized commercial advertisements for casinos which prominently feature significant portions of the composition without authorization.  Plaintiffs' claims are for copyright infringement, false designation of origin (under section 43(a) of the Lanham Act), and common law unfair competition.