GoldieBlox, a toy company that aims to get young girls interested in engineering, recently used a parody of the Beastie Boys song "Girls" in a video advertisement that went viral online. After the musicians' lawyers contacted those of the toy company about the use of the parody song, GoldieBlox filed a pre-emptive action looking for protection from the courts for its decision, according to The San Francisco Chronicle.
In their 21-page countersuit, the Beastie Boys claimed copyright infringement, trademark infringement, misappropriation of right of publicity and violation of New York civil rights law, among other allegations, according to the Chronicle. The suit alleges GoldieBlox used the Beastie Boys trademark without authorization and with the intent to trade on the group's reputation and derive financial benefit from it. Additionally, Beastie Boys member Adam "MCA" Yauch, who died last year, stated in his will that the group's songs could never be used in advertising.
GoldieBlox's lawyer, Daralyn Durie, told the Chronicle, "We'd prefer an amicable resolution, but we strongly believe the parody constitutes fair use."