Adam “Ad-Rock” Horovitz and Michael “Mike D” Diamond, the two surviving members of the Beastie Boys, wore suits and sneakers at the federal courthouse in NYC as plaintiffs against Monster.
The band claimed that Monster used its songs in a series of promotional videos and mixes at a snowboarding event, which goes against the late Adam Yauch’s will. He stated that his likeness and art was not to be used for advertising, something GoldiBlox has been having trouble with as well.
And as might be expected, this seems like it’s going to be a colorful trial, reports Billboard. First, the defense had to explain to the courtroom what “dope” meant, saying: “”You’ll learn during the course of this case that ‘dope’… is a positive affirmation.”
The defense did admit that it had infringed on the Beastie Boy’s work, but that the $1 million in damages claimed for the “implied endorsement” in the Monster video is “nonsense. The defense says it can prove the damages aren’t more than $125,000.
Meanwhile, Horovitz took the stand to explain the value of his band’s work, in order to reap a larger reward. During his time up there it sounds like he had a good time — laughing and smiling when he had to explain things like what a “single” is.
He also had to confirm during cross examination that Mike D was indeed, wearing a sailor costume during a question about whether or not the band ever sold out for a watch campaign, despite their insistence that they’d never license their image for consumer products.
“He sure is,” Horovitz replied with a smile when asked if a huge poster of Mike D in the aforementioned outfit showed him dressed like a sailor.
The case should take less than a week, during which time I expect everyone will come to a closer familiarity with all things dope and nautical.