Smashing Pumpkins sue Virgin
Claims label illegally used band in promos
In a breach-of-contract lawsuit filed in Los Angeles Superior Court on Monday, the rockers said they have "worked hard for over two decades to accumulate a considerable amount of goodwill in the eyes of the public," and that Virgin's use of the band in a "Pepsi Stuff" promotion with Amazon.com and Pepsi Co. threatens their reputation for "artistic integrity."
Virgin put out the Smashing Pumpkins' music for more than 17 years, but the only active agreement between the two parties, the lawsuit claimed, is a deal granting Virgin permission to sell digital downloads of the band's songs. The agreement does not give Virgin the right to use the band in promotional campaigns to sell outside products, the lawsuit said.
The band members said they would "never grant such authority to Virgin or any other entity."
An after-hours call to Virgin Records was not immediately returned.
In their lawsuit the band members demand that Virgin pay them the profits that were earned in the promotion and seek an injunction against using the Pumpkins' name or music in the future.
