The Beastie Boys sued Brinker International, the parent company of the restaurant chain Chili’s, for allegedly using the band’s 1994 hit “Sabotage” in an advertisement without its permission.
First, for those who might need a pop culture history lesson, let’s set the stage. The Beastie Boys was formed in the early ‘80s. In January 1994, the band released one of its most popular songs, “Sabotage.” Back then, the band also released a music video that parodied the “crime drama” television programs that were popular in the ‘70s. The video was directed by Spike Jonze and showed the band members in “obvious 70s-style wigs, fake mustaches, and sunglasses, appearing as the show's protagonists in scenes intercut with fictitious opening credits.” The complaint alleges that the band and its individual members have become widely identified with, and are widely recognized for their portrayals in, the “Sabotage” video.
Fast forward to 2022. Chili’s published promotional videos on its social media channels that allegedly not only used “significant portions” of “Sabotage,” but also featured characters and scenes meant to evoke the “Sabotage” music video. Specifically, the plaintiffs alleged that the ad depicted “three characters wearing obvious 70s-style wigs, fake mustaches, and sunglasses” in scenes depicting them “robbing” ingredients from a Chili’s” restaurant.
The Beastie Boys argue that Brinker infringed upon the band’s copyrights as well as the “acts, poses, plays and appearances of its members, and the words, terms, names, symbols and devices, and all combinations thereof that identify the Beastie Boys in the minds of the public.” The band also argues that the unauthorized video impersonations of the band members confused the public into believing that the Beastie Boys sponsored, endorsed, or are somehow associated with Chili’s restaurants and products. The band seeks a permanent injunction prohibiting Brinker from further infringing conduct in connection with the ad, and at least $150,000 in damages for each copyright infringement claim (the song, and the music video).
Brinker isn’t the first brand to get sued by the Beastie Boys. In 2014, the band won a $1.7 million judgment against the Monster Beverage Corporation after a dispute regarding the energy drink maker’s use of the band’s songs "Sabotage," "So Watcha Want" and "Make Some Noise,” in a promotional video.
Beastie Boys v. Brinker International, Inc., No. 1:24-cv-05221 (S.D.N.Y. July 10, 2024)
"The plaintiffs do not license 'Sabotage' or any of their other intellectual property for third-party product advertising purposes, and deceased Beastie Boys member Adam Yauch included a provision in his will prohibiting such uses."
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