British Group Sues Nestle, W+K For 'Song' Misuse

Ever wonder what happened to Chad and Jeremy, part of the 1960s British Invasion of musicians who gained big followings in the U.S. and elsewhere? They’re keeping a sharp eye out for any royalty fees they might be owed for third-party use of their songs.

Now in their 70s, the pop duo is angry that snack food and water marketing giant Nestle and its ad agency Wieden+Kennedy allegedly lifted their 1964 hit “Summer Song” for use in commercials without their authorization.

Last month, the musicians sued Nestle and W+K in a California Federal Court for breach of contract and unfair competition stemming from the song’s use in video commercials uploaded to YouTube. The song is featured in the marketer’s “Start of Something Different” campaign for Nestea.

The musicians -- Chad Stuart, now a U.S. citizen, and Jeremy Clyde -- also asked the court to force Nestle and Wieden to pull the spots that feature their recorded performances.

“As a direct and proximate result of Defendant Wieden’s and Nestle’s breaches, Plaintiffs have been damaged by the loss of fees to which they were entitled to charge” in excess of $750,000, the musicians alleged in their complaint.

In addition to the recovery of lost fees, Stuart and Clyde asked the court to impose “exemplary damages” sufficient “to punish Defendants Nestle and Wieden and to make examples of them to others.”

Neither Nestle or Wieden have filed briefs responding to the complaint. And neither company immediately responded to queries for comment



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