The suit alleges that Senator McCain and the Republican Party failed to obtain a license for the use of Mr. Browne's song in the television commercial. In the commercial, Senator McCain and the Republicans mock Democratic candidate for President Barack Obama for suggesting that the country conserve gas through proper tire inflation.Republicans FTW! From now on, I guess they'll be using a different song in their campaign ads.
In addition to a claim for copyright infringement, the suit alleges that by using a song famously associated with Mr. Browne, Senator McCain and the Republican Party violated the United States Lanham Act by falsely suggesting that Mr. Browne is associated with and endorses Senator McCain's candidacy. The suit also alleges that the use of Mr. Browne's voice in the commercial violates Mr. Browne's right of publicity under California law. The suit seeks a permanent injunction prohibiting the use of Running On Empty and any other Jackson Browne composition, as well as damages.
[H/T to RawStory]
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