BMG Permissions Management owns 75 percent of the publishing rights to Black-eyed beans‘ 2005 song My tumor. And they’re flexing that title in a new lawsuit against MGA Entertainmenttoy maker behind Surprised Poopsie Slime unicorn toys.
According to court documents published by Diversity, BMG filed a lawsuit on January 19 after several attempts to get the toy manufacturer to pull the toy’s theme song, My poop.
Unicorn kits sell for around $100 to $300 on Amazon. Most kits include a multi-colored standing unicorn with colorful long fur and slime ingredients. The unicorns feature costumes that are crop tops with an exposed belly and diaper-like bottom.
In addition to pooping slime, unicorns dance to what BMG believes is a modeled song My tumor. All someone has to do is press the toy’s heart-shaped navel.
Attorney Seth L. Berman of BMG said:
“First, the name of the infringing work is my poop, it’s clearly a play on words based on the name of the copyrighted work My tumor.
Based on DiversityMGA sold its unicorn collection for the first time during the 2018 Christmas season. Nearly two and a half years later, the producer released a music video accompanying the Poopsie Slime Surprise theme song.
My Tumor The publication owner requested the toy manufacturer to cease operations and cancel before filing a lawsuit
BMG is said to have ordered the toy manufacturers to cease operations before filing the lawsuit. However, the publishing rights holders insist the company ignored their requests.
Also, they allegedly did not attempt to license the song My Tumor but there is “generating tens of millions of dollars in revenue” with it. The suit names similarities such as melody, counterpoint, lyrics, chord development, and lead singer variation as Fergie’s on the 2005 hit.
BMG filed a lawsuit in the Southern District of New York, seeking “monetary damages and emergency relief against” toy maker. They are hoping to receive $10 million for copyright infringement, $150,000 for statutory damages, and a “temporary, preliminary, and perpetual order” for use, storage, and reproduction. my hump adjacent work.
BMG also requires a trial.
