Posted Sep 03, 2010 12:41 pm CDT
Some members of the original soul-funk band War have sued PepsiCo. for using their 1975 hit song “Why Can’t We Be Friends” in a Pepsi Max commercial without their permission.
The band members say Pepsi should have negotiated with them even if the company purchased rights to the song from music publishers or other owners, according to the Associated Press and TMZ. The suit says the band “did not consent to the use of their performance” in the ad.
The suit, filed Wednesday in Los Angeles, seeks $10 million in damages.
A PepsiCo statement said it believes the lawsuit is without merit.