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In the Complaint filed May 20, Eight Mile Style, LLC & Martin Affiliated LLC v. Wieden + Kennedy Inc. & Facebook, Inc. (Case No. 2:13-cv-12268-GAD-MAR), the plaintiffs allege the defendants used an unauthorized version of Eminem's song "Under the Influence" from his Marshall Mathers LP to promote Facebook Home, an Android-compatible smartphone software application enabling users to post Facebook content from their mobile devices that was introduced in April 2013. The Complaint alleges the defendant ad agency selected the music to win over Facebook mogul Mark Zuckerberg, purportedly a big fan of Eminem.
According to a post about the suit by Courthouse News Service, Eight Mile Style LLC has brought 10 copyright infringement suits dating back to 2010. In an article about the copyright suit, the THR, Esq. Web site reported that the defendant ad agency claimed hip-hop producer Dr. Dre, who often collaborates with Eminem, wrote "Under the Influence" by allegedly cannibalizing a Michael Jackson hit, "Give It to Me."
Judge Gershwin A. Drain will preside over the parties' discordant notes.