Professional Documents
Culture Documents
Beastie Boys v. Brinker
Beastie Boys v. Brinker
Plaintiffs,
v.
Defendant
Plaintiffs Beastie Boys, a New York Partnership, and Michael Diamond, Adam Horovitz
and Dechen Yauch as Executor of the estate of Adam Yauch, deceased, d/b/a Brooklyn Dust
Music, by their attorneys Rimon, P.C., for their Complaint, allege as follows:
1. This action for copyright infringement and unfair competition arises under the
Copyright and Trademark Laws of the United States, 17 U.S.C. § 101 et seq., 15 U.S.C. §
1125(a).
2. This Court has subject matter jurisdiction under 28 U.S.C. § 1338(a) and (b)
under the Copyright Laws of the United States, 17 U.S.C. § 101 et seq. and the Lanham Act, 15
U.S.C. § 1125(a).
THE PARTIES
partnership with its principal place of business in New York, New York, and is the business
entity which owns or controls, inter alia, the performances, sound recording copyrights,
trademarks and rights of publicity of Plaintiff Michael Diamond (“Diamond”), Plaintiff Adam
Horovitz (“Horovitz”) and the late Adam Yauch, including as the composing, recording and
5. Plaintiff Brooklyn Dust Music ("Brooklyn Dust"), is the business name of and a
separate New York partnership under which plaintiffs Diamond, Horovitz and Plaintiff Dechen
Yauch (“Yauch”) have done and currently do business administering copyrights in the musical
compositions authored by any or all of Diamond, Horovitz and Yauch, with its principal place of
6. Plaintiff Dechen Yauch resides in New York, New York, and is the Executor of
the Estate of Adam Yauch, the deceased Beastie Boys member, professionally known as "MCA"
Adam Yauch, who resided in New York, New York during his lifetime.
of the relevant time period described resided in Brooklyn, New York, and who presently resides
in California.
during much of the relevant time period resided in New York, New York, and who presently
resides in California.
9. Beastie Boys are one of the longest-lived hip hop and alternative music
composing, recording and performing artists in the world. They have been a commercial success
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and garnered the highest critical praise for more than thirty-five years, and were inducted into
10. Upon information and belief, defendant Brinker International Inc. (“Brinker”) is
and was, at all relevant times herein, a Delaware public company with its principal executive
offices in Dallas, Texas, which does business in the City and State of New York. Brinker claims
to be one of the largest restaurant chains in the world, with almost 1,600 restaurants in 49 states,
27 countries and two territories, and it owns, operates and/or controls approximately 30 Chili’s
restaurants and restaurant locations in the City and/or State of New York. Upon information and
belief, defendant Brinker, either directly or through its agents, has transacted business within this
district, the claims herein arise in, and it has committed tortious acts within this district and has
committed tortious acts without this district that have caused injury to plaintiffs within this
district.
PLAINTIFFS’ COPYRIGHTS
11. Partnership is the co-owner of the copyright in and to the sound recording
featuring Beastie Boys' performances entitled "Sabotage," which has been registered with the
12. Brooklyn Dust is owner of the copyright in and to the musical composition
"Sabotage," which has been registered with the United States Copyright Office, Registration No.
PA0000721110.
13. The “Sabotage” musical composition and sound recording were first released by
the “Beastie Boys” in January 1994, and Rolling Stone designated “Sabotage” as one of the “500
14. A video for “Sabotage,” directed by Spike Jonze, also received widespread
airplay on MTV and was nominated in five categories in the 1994 MTV Music Awards. An
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homage to and parody of 1970s “crime drama” television programs, the video is presented as the
opening credits of a fictional 1970’s-style police show called “Sabotage,” with Beastie Boys
band members Diamond, Horovitz and Yauch, in obvious 70s-style wigs, fake mustaches, and
sunglasses, appearing as the show’s protagonists in scenes intercut with fictitious opening
credits.
15. The video has proven tremendously popular with the public. The Official Music
Video for “Sabotage” has been viewed 131 million times on YouTube, while other posted live
and other performances have been viewed tens of millions of times more. Notwithstanding their
wigs, mustaches and sunglasses, the band and its individual members have become widely
identified with and are widely recognized for their portrayals in the “Sabotage” video.
16. Commencing at some time unknown to plaintiffs but, they are informed and
believe, no earlier than November 2022, Brinker produced, sponsored, and encouraged the
creation and posting on social media of videos to promote Brinker’s “Chili’s” restaurants that
included musical compositions and sound recordings that were used without the permission of
the rights owners. One such video used, without Plaintiffs’ permission or consent, significant
portions of the musical composition and sound recording of “Sabotage” (the “Unauthorized
Chili’s Video”). Further, Brinker synchronized Plaintiffs’ “Sabotage” musical composition and
sound recording with other visual material in the Unauthorized Chili’s Video, in which three
characters wearing obvious 70s-style wigs, fake mustaches, and sunglasses who were intended to
evoke the three members of Beastie Boys performed scenes depicting them “robbing”
ingredients from a Chili’s” restaurant intercut with fictitious opening credits, in ways obviously
similar to and intended to evoke in the minds of the public scenes from Plaintiff’s well-known
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Official “Sabotage” video. Use of the “Sabotage” sound recording, music composition and
video was all without permission; 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.
17. Plaintiffs repeat and reallege the allegations continued in paragraphs 1-16 above,
upon, distribution to the public of and public performance of Partnership's copyrighted sound
19. Each unauthorized reproduction, derivative work, distribution to the public and
infringement of Partnership's exclusive rights under the Copyright. Act, 17 U.S.C. § 101 et.seq.
21. Plaintiffs repeat and reallege the allegations continued in paragraphs 1-20 above,
upon, distribution to the public of and public performance of Brooklyn Dust's copyrighted
musical work "Sabotage" in the Video infringes Brooklyn Dust's exclusive rights in violation of
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23. Each unauthorized reproduction, derivative work, distribution to the public and
public performance of Brooklyn Dust's copyrighted musical work constitutes an individual act of
infringement of Brooklyn Dust's exclusive rights under the Copyright Act, 17 U.S.C. § 101 et.
seq.
25. Plaintiffs Partnership, Diamond, Horovitz and Yauch repeat and reallege the
26. Partnership owns or controls the mark "Beastie Boys" and the marks· comprised
of the legal and professional names of Diamond, Horovitz and Yauch, 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 (each, a "Beastie
Boys Mark").
27. Partnership's Beastie Boys Marks are strong and unique, inherently distinctive,
famous, and protectable without proof of secondary meaning, which they nevertheless possess.
28. Partnership has invested decades of time and effort to create consumer
recognition of the Beastie Boys Marks and to ensure that the public, not only in the United States
but throughout the world, associates the Beastie Boys Marks with their integrity, their distinctive
music and performing style as well as products and works designed and/or created by the
Partnership.
29. As a result of the wide renown acquired by the Beastie Boys Marks, Partnership's
worldwide reputation for their integrity, their distinctive music and performing style as well as
products designed and/or created by the Partnership, and the wide geographic distribution and
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extensive sale of various products distributed under the Beastie Boys Marks, the Beastie Boys
Marks have acquired secondary meaning, fame and significance in the minds of the purchasing
public. The purchasing public immediately identifies the products offered under the Beastie Boys
Marks with a single source. Therefore, the Beastie Boys Marks, and the goodwill associated
30. Plaintiffs Partnership, Diamond, Horovitz and Yauch are informed and believe,
and based thereon allege, that as a result of defendant Brinker's unauthorized use of the Beastie
Boys Marks, unauthorized us of plaintiffs Diamond's, Horovitz's and the deceased Yauch's
identifying voices in connection with the Unauthorized Chili’s Video, and unauthorized video
impersonations of Diamond, Horovitz and Yauch to promote Brinker’s Chili’s restaurants, the
public was confused into believing that plaintiffs sponsored, endorsed and are associated with
31. As a result of defendant Brinker's multiple misleading uses of the Beastie Boys
Marks and identity, plaintiffs Partnership, Diamond, Horovitz and Yauch have suffered damages
32. Defendant Brinker’s unauthorized use of the Beastie Boys Marks, identity and
persona has caused and will cause irreparable harm to plaintiffs Partnership, Diamond, Horovitz
and Yauch that cannot be fully compensated by money. Because plaintiffs have no adequate
remedy at law, plaintiffs are entitled to permanent injunctive relief prohibiting defendant Brinker
from using the Beastie Boys Marks, identity and persona without a license or authorization.
33. Plaintiffs Partnership, Diamond, Horovitz and Yauch are informed and believe,
and based thereon allege that defendant Brinker did the acts as herein alleged with a willful
disregard of the harm to plaintiffs Partnership, Diamond, Horovitz and Yauch and that such acts
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were therefor done willfully, maliciously, and oppressively. Plaintiffs Partnership, Diamond,
Horovitz and Yauch are, therefore, entitled to a trebling of defendant Brinker's profits and actual
damages sustained by plaintiffs, prejudgment interest, reasonable attorneys' fees and costs
(1) For a permanent injunction enjoining Brinker and Brinker's agents, servants,
employees, officers, attorneys, successors, licensees, partners, and assigns, and all persons acting
(a) from all further infringing conduct in connection with the Video;
(b) from all further infringement of any copyrighted musical work or sound
(c) requiring removal of the Unauthorized Chili’s Video from all places where
they have been stored and/or made available by or through Brinker or reposted by any
third party, and destruction of any and all copies of the Unauthorized Chili’s Video;
(2) For an award of statutory damages to Partnership and Brooklyn Dust pursuant to
the Copyright Act in an amount in each case of not less than $150,000 for the willful
infringement of the Beastie Boys Musical Composition, and the Beastie Boys Sound Recordings
or, at Partnership's or Brooklyn Dust's election, actual damages and profits with respect to each
of the foregoing copyrights as permitted under the Copyright Act, in an amount to be determined
at trial;
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(2) For an order awarding plaintiffs their attorneys' fees, together with the costs and
(3) That defendant Brinker and its officers, agents, successors, assigns, and all
persons in concert or participation with it, be enjoined permanently from using the names, voices
and trademarks of plaintiffs for the purposes of advertising and trade purposes, in any manner;
Horovitz and Yauch damages, trebled pursuant to 15 U.S.C. § 1 l l 7(a), as provided in the
Lanham Act for any injuries sustained by reason of defendant Brinker's false representations and
(5) Requiring defendant Brinker to account for and pay over to plaintiffs Partnership,
Diamond, Horovitz and Yauch three times the profits realized by defendant Brinker from
(6) For such other relief as the Court deems just and proper.
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Plaintiffs Beastie Boys, a New York Partnership, and Michael Diamond, Adam
Horovitz and Dechen Yauch as Executor of the estate of Adam Yauch, deceased, d/b/a
Brooklyn Dust Music, demand a trial by jury in this action of all issues so triable.
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