Published Jan 09, 2008"Both knew better, and both went ahead and did it anyway.
So reads the last line of section one in the official complaint filed by Fucked Up and Xiu Xiu on behalf of some 92 independent artists whose names were wrongly used in Camels "Indie Band Universe ad in Rolling Stones 40th anniversary issue from November. It sums up the situation aptly. The class action lawsuit, filed in Alameda County, CA, contends that no member of either group was ever contacted by a representative of R.J. Reynolds Tobacco Company or Rolling Stone about participation in the ad and that neither band has ever "authorized use of its name in connection with the sale of any service or product other than its own musical works and associated merchandise.
Fucked Ups case adds that the bands "ethics and political stance are unalterably opposed to unconsented use of its name to sell products or services. Accusing both Camel and Rolling Stone of engaging in "despicable conduct, illegal under settled, unambiguous California statutory and common law, the lawsuit demands a published admission from the magazine equal in size to the offending ad stating that the artists names were used without permission. Additionally, the bands are seeking actual and punitive financial damages. California law allows for $750 in damages per violation, meaning that if each issue of the magazine is considered an individual violation, the payout could be astronomical.
Luckily, it looks like at least one music geek went to law school (check out the detailed musical descriptions). The full 18-page complaint is a verbosely written and informative read. If youre wondering how Fucked Up plan to avoid negative focus on their controversial moniker, section four of the complaint refers to the group as, "F****d Up. (The name appears in orthographically altered form herein so as not to needlessly afford opportunities for distraction from the merits of this lawsuit.)