The Beastie Boys are suing Chili’s for using their 1994 song “Sabotage” in their advertisements without approval from the group.
According to court documents obtained by PEOPLE, the band — whose members are Michael Diamond, Adam Horovitz and the late Adam Yauch (who is represented by the executor of his estate) — is suing Brinker International, the restaurant chain’s parent company, for two counts of copyright infringement.
The complaint alleges that Brinker International’s use of the song itself, along with Brinker’s reproduction of the “Sabotage” accompanying music video, directed by Spike Jonze, is unauthorized. It allegedly infringes the band’s ownership of the song, which has been registered with the United States Copyright Office.
PEOPLE reached out to Chili’s for comment and did not receive an immediate response, while reps for the Beastie Boys had no comment on the matter.
The lawsuit, which was filed in federal court on Wednesday, July 10, states that Brinker International began airing video advertisements on social media starting in November 2022 featuring the song.
Their advertisements also feature characters dressed up similarly to the “three characters wearing obvious ’70s-style wigs, fake mustaches, and sunglasses who were intended to evoke the three members of Beastie Boys,” the suit claims.
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The characters rob ingredients from a Chili’s’ restaurant, while the video is “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 official ‘Sabotage’ video,” the complaint alleges. The song “Sabotage” soundtracks the commercial.
Additionally, the Beastie Boys request no “less than $150,000 for the willful infringement” of their music. The group also will call for a trial by jury if necessary.
Yauch, who died in 2012 after being diagnosed with cancer, notably stated in his will that “in no event may my image or name or any music or any artistic property created by me be used for advertising purposes,” the Associated Press reports.
The Spike Jonze-directed music video parodies 1970s crime drama television shows and has since become iconic. It was nominated for video of the year, best group video, breakthrough video, best direction in a video and viewer’s choice at the 1994 MTV VMAs but lost in all five categories.
Fifteen years later, the music video received credit where credit was due, taking home the moonperson for best video (that should have won a moonman).
This isn’t the first time the Beastie Boys sued over claimed copyright infringment. Per the AP, the group won a lawsuit in 2014 against the maker of Monster Energy drink for using their songs “Sabotage,” ’’So What’cha Want,” ’’Make Some Noise,” ’’Pass the Mic” and “Looking Down the Barrel of a Gun” in a commercial.
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