The remaining members of the Beastie Boys and the late Adam Yauch's widow, Denchen, are to sue Monster Energy Drink for copyright infringement.
This follows the news that Yauch prohibited the use of his music for advertising purposes after his death.
Yauch's will was filed this week in Manhattan Surrogate court and reads: "Notwithstanding anything to the contrary, in no event may my image or name or any music or any artistic property created by me be used for advertising purposes".
Adam 'MCA' Yauch died on May 4 after a prolonged battle with cancer at the young age of 47.
Mike Diamond, Adam Horovitz and Denchen Yauch filed a suit yesterday in New York federal court against Monster Energy Drink, reports E! Online, after the beverage company used the a number of the band's songs without permission.
The band claim that 'Sabotage', 'So Watcha Want', 'Make Some Noise' and 'Looking Down The Barrel Of A Gun' were all used, in part, in a promo video on the Monster site. The video used footage of a live set from Z-Trip at the Ruckus Festival in Canada.
The festival, which was sponsored by Monster, took place days after Yauch's death. The band are asking for the video to be removed, as well as an accompanying MP3 download, and are also seeking financial damages.
Their suit states: "The public was confused into believing that plaintiffs sponsored, endorsed and are associated with defendant Monster in promoting defendant Monster's productions and promotional events".
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