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Flamingos Song in Pepsi Ad
Highest Court N.D. Illinois
Year Ended 2006
Plaintiffs Family of Artist(s)
Flamingos
Defendants Advertising Producer(s)
Pepsico
Other No Other parties on file
Short Description Pepsi used the Flamingos' 1950s hit, "I Only Have Eyes for You," during a superbowl commercial. Though Defendants arguably had a license for the copyright, Plaintiffs (former members and family) sued, alleging Defendants violated terms of a collective bargaining agreement relevant to "commercial contracts," as determined by the American Federation of Television and Radio Artists (AFTRA), which was binding on Defendants, by not first negotiating for rights with the "principal performers." (In other words, Defendants needed to ask the Flamingos before asking the copyright's owner). Both parties submitted to an arbitrator, which found for Plaintiffs and held that, by pursuing litigation, Plaintiffs were not limited solely to liquidated damages under he agreement. The arbitrator awarded Plaintiff's $250,000. Defendants moved to have arbitration rejected, saying it was contrary to the express language of the collective bargaining contract, which contained a liquidated damages provision. The Illinois District Court held the arbitrator's decision was not contrary to such language, since the contract did not expressly limit damages in any way, and that its holding did not fail to "draw its essence from the contract." Arbitration award upheld. - LSW

Legal Issues
Alternative Dispute Resolution Arbitration Judicial Confirmation/Rejection & Enforcement
Contracts Terms Construction & Interpretation
Employment Law Federal (Labor Management Relations Act) Collective Bargaining Disputes


Opinions Hunt v. Pepsico, Inc.
2006 WL 267196
N.D. Illinois , January 27, 2006 ( No. 03 C 7151 )


Hunt v. Pepsico, Inc.
2004 WL 1114592
N.D. Illinois , May 18, 2004 ( No. 03 C 7151 )


Hunt v. Pepsico, Inc.
2004 WL 2260621
N.D. Illinois , October 04, 2004 ( No. 03 C 7151 )


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Related Searches Parties
Advertising Producer(s) ( Defendant )
Family of Artist(s) ( Plaintiff )
Flamingos ( Plaintiff )
Pepsico ( Defendant )

Legal Issues
Alternative Dispute Resolution / Arbitration / Judicial Confirmation/Rejection & Enforcement
Contracts / Terms / Construction & Interpretation
Employment Law / Federal (Labor Management Relations Act) / Collective Bargaining Disputes

Courts
N.D. Illinois (highest court)


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