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October 13, 2003

Two members of the Flamingos, a Chicago doo-wop group popular in the 1950s, are seeking more than $US1 million in damages from PepsiCo, which they allege used their recordings in commercials without permission. Terry Johnson, 67, and Tommy Hunt, 70, claim that PepsiCo and Pepsi's advertising agency BBDO Worldwide Inc., failed a legal obligation to bargain directly with performers as well as with record companies.

The singers sued on Friday in US District Court in Chicago. "It's a big deal because a company used their artistic goodwill and their performance to sell products," attorney Steven Ames Brown of San Francisco said of his clients. "You shouldn't do that without consent, and you shouldn't do it without pay."

Posted by acapnews at October 13, 2003 10:11 AM

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