The Smashing Pumpkins filed suit on Monday (March 24) against their former label, Virgin Records, claiming that Virgin illegally used their name and music in promotional deals that hurt the band's credibility with fans.
The Associated Press reported that the breach-of-contract suit filed in Los Angeles Superior Court claims that the band worked hard for "over two decades to accumulate a considerable amount of good will in the eyes of the public," but that Virgin's licensing of the Pumpkins' music in the Pepsi Stuff promotion threatens their reputation for "artistic integrity."
The Pepsi sweepstakes-like campaign, a partnership with Amazon.com's MP3 site, was heavily promoted and included a buzzed-about Super Bowl commercial starring Justin Timberlake and "Saturday Night Live" star Andy Samberg. According to the AP, the Pumpkins say Virgin, which released the band's music for more than 17 years, currently only has the right to sell digital downloads of the Pumpkins' songs. The suit claims that their contract does not allow Virgin to use their music in promotional campaigns to sell outside products, and the band members say they would never "grant such authority to Virgin, or any other entity."
The suit from the band — which reunited in 2006 with just two original members, frontman Billy Corgan and drummer Jimmy Chamberlin, to release 2007's slow-selling Zeitgeist — demands that Virgin pay the Pumpkins damages with profits earned from the promotion and seeks an injunction against using the band's music or name in the future.
Spokespeople for Virgin and the Smashing Pumpkins could not be reached for comment at press time.
