Indie Bands Sue Camel, Rolling Stone Over Ad
The messy saga we've lovingly dubbed Camelstonegate took a fairly expected turn this week as Xiu Xiu and Fucked Up filed a class action lawsuit against Camel cigarettes' parent company R.J. Reynolds Tobacco, Rolling Stone, and the magazine's parent company, Wenner Media, according to a Daily Swarm report.
The suit-- filed December 17 on behalf of 186 artists whose names appeared in Rolling Stone's "Indie Rock Universe" feature, tucked conspicuously within a fold-out advertisement for Camel's indie-friendly "The Farm" campaign in the magazine's November 15 issue-- accuses the defending parties of "unauthorized use of artists' names; unauthorized use of artist names for commercial advantage (right of publicity); and unfair business practices."
Xiu Xiu and Fucked Up essentially claim that Rolling Stone created and presented their feature with full knowledge that it would appear part and parcel with the Camel ad. The plaintiffs ask that the magazine print a follow-up feature equal in size to the original clarifying that artists' names were used without consent. They're also seeking financial recompense for damages: Rolling Stone alone, the Daily Swarm suggests, could be forced to pony up as much as $195.3 billion if found guilty.
While this marks the first time Rolling Stone has found itself the subject of legal action following the ad scandal, nine states' Attorneys General have already filed lawsuits against Camel for using cartoons to sell tobacco products.
As previously reported, a number of indie labels are seeking an apology from Rolling Stone as well.
The suit-- filed December 17 on behalf of 186 artists whose names appeared in Rolling Stone's "Indie Rock Universe" feature, tucked conspicuously within a fold-out advertisement for Camel's indie-friendly "The Farm" campaign in the magazine's November 15 issue-- accuses the defending parties of "unauthorized use of artists' names; unauthorized use of artist names for commercial advantage (right of publicity); and unfair business practices."
Xiu Xiu and Fucked Up essentially claim that Rolling Stone created and presented their feature with full knowledge that it would appear part and parcel with the Camel ad. The plaintiffs ask that the magazine print a follow-up feature equal in size to the original clarifying that artists' names were used without consent. They're also seeking financial recompense for damages: Rolling Stone alone, the Daily Swarm suggests, could be forced to pony up as much as $195.3 billion if found guilty.
While this marks the first time Rolling Stone has found itself the subject of legal action following the ad scandal, nine states' Attorneys General have already filed lawsuits against Camel for using cartoons to sell tobacco products.
As previously reported, a number of indie labels are seeking an apology from Rolling Stone as well.
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