Fucked Up vs. Rolling Stone. Fucked up vs. Camel cigarettes. It may be the first time those words have seen a “vs.” in the middle, but they’re right there in print in a legal complaint filed this afternoon in Alameda County, California.
Indie rock bands Xiu Xiu and Fucked Up today filed a class action lawsuit against R.J. Reynolds Tobacco Company (the parent company of Camel cigarettes) and Wenner Media (the publisher of Rolling Stone) alleging the unauthorized use of artists’ names, unauthorized use of artist names for commercial advantage (right of publicity), and unfair business practices, all in regards to the ‘Indie Rock Universe’ multipage advertising section that appeared in the 40th Anniversary issue of the magazine published on November 15. The class action, which was instigated by Xiu
Xiu and Fucked Up but filed on behalf of 186 bands and artists featured in the pull out spread, accuses both the cigarette company and the magazine of engaging in “despicable conduct” that was “illegal under settled, unambiguous California statutory and common law.” The lawsuit demands Rolling Stone publish an admission that the artists’ names were used without consent in a spread equal in size to the original ad, as well as seeking actual and punitive financial damages. (Under California law, this could conceptually amount to $750 per issue of Rolling Stone, per band, or a whopping $195.3 billion
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