BMG Rights Management owns 75 % of the publishing rights to Black Eyed Peas‘ 2005 song My Humps. And they’re flexing that possession in a brand new $10 million lawsuit towards MGA Entertainment, the toy maker behind the Poopsie Slime Surprise unicorn toy.
According to court docket paperwork revealed by Variety, BMG filed the lawsuit on Jan. 19 after a number of makes an attempt to get the toymaker to tug the toy’s theme music, My Poops, for its alleged similarities to My Humps.
The unicorn kits promote for about $100 to $300 on Amazon. Most kits embody a standing unicorn in a variety of pastel colours with lengthy colourful hair and slime components. The unicorns are characteristically wearing crop tops with uncovered stomachs and diaper-like bottoms.
In addition to pooping slime, the unicorn dances to what BMG believes is a music modeled after My Humps. All somebody has to do is press the toy’s heart-shaped stomach button.
BMG’s lawyer Seth L. Berman stated:
“First, the title of the infringing work is My Poops, which is an obvious play on the name of the copyrighted composition My Humps.”
According to Variety, MGA first offered the unicorn collectible in the course of the 2018 Christmas season. Nearly two-and-a-half years later, the producer launched a music video to accompany Poopsie Slime Surprise’s theme music.
My Humps Publishing Owner Sent Toy Maker Cease And Desist Before Lawsuit
BMG reportedly despatched the toymakers a stop forward of submitting a lawsuit. But, the publishing rights homeowners insist the corporate ignored their request.
In addition, they allegedly haven’t tried to license the music My Humps however have “generated tens of millions of dollars in revenue” with it. The swimsuit names similarities like melody, countermelody, lyrics, chord development, and inflections from the lead singer like Fergie’s within the 2005 hit.
BMG filed the swimsuit within the Southern District Of New York, looking for “monetary damages and injunctive relief against” the toymaker. They’re hoping to safe $10 million for copyright infringement, $150,000 for statutory damages, and a “temporary, preliminary, and permanent injunction” towards the use, storage, and copy of My Hump’s adjoining work.
BMG additionally requested a trial. As of Monday, not one of the members of Black Eyed Peas have responded to the swimsuit publicly.