Alas, the Beastie Boys responded to GoldieBlox’s complaint and request for declaratory relief, early Tuesday. To briefly recap the events that lead to this countersuit, in November GoldieBlox preemptively filed a lawsuit against the Beastie Boys, declaring fair use of the “Girls” song in its viral video advertisement. In what appears to be GoldieBlox’s own way of declaring a “mea culpa” the song in the viral video, which replaces the group’s original lyrics with new ones of female empowerment, was pulled from the advertisement the following week.
The Beastie Boys are asserting counterclaims for copyright and trademark infringement, unfair competition and misappropriation of publicity rights. The counterclaim also contends “as part of that systematic campaign of infringement, GoldieBlox has created a series of video advertisements set to well-known songs from popular artists in an effort to achieve the company’s primary goal of selling toys.” The band alleges GoldieBlox has produced more videos exploiting the works of Queen, Daft Punk, Kaskade, Krewella, Avicii, Slam, k.flay and Trevor Guthrie.
As this lawsuit moves forward, have your original sentiments changed at all?