LOS ANGELES, CA - SEPTEMBER 18: (L to R) The Black Eye Peas Members Taboo, Apl.de.Ap, Fergie, and Will.I.Am arrive at the 57th Annual Emmy Awards held at the Shrine Auditorium on September 18, 2005 in Los Angeles, California. (Photo by Kevin Winter/Getty Images)
BMG Rights Management owns 75 percent of the publishing rights to Black Eyed Peas‘ 2005 song My Humps. And they’re flexing that ownership in a new $10 million lawsuit against MGA Entertainment, the toy maker behind the Poopsie Slime Surprise unicorn toy.
According to court documents published by Variety, BMG filed the lawsuit on Jan. 19 after multiple attempts to get the toymaker to pull the toy’s theme song, My Poops, for its alleged similarities to My Humps.
The unicorn kits sell for about $100 to $300 on Amazon. Most kits include a standing unicorn in a range of pastel colors with long colorful hair and slime ingredients. The unicorns are characteristically dressed in crop tops with exposed stomachs and diaper-like bottoms.
In addition to pooping slime, the unicorn dances to what BMG believes is a song modeled after My Humps. All someone has to do is press the toy’s heart-shaped belly button.
BMG’s lawyer Seth L. Berman said:
“First, the title of the infringing work is My Poops, which is an obvious play on the name of the copyrighted composition My Humps.”
According to Variety, MGA first sold the unicorn collectible during the 2018 Christmas season. Nearly two-and-a-half years later, the manufacturer released a music video to accompany Poopsie Slime Surprise’s theme song.
BMG reportedly sent the toymakers a cease ahead of filing a lawsuit. But, the publishing rights owners insist the company ignored their request.
In addition, they allegedly haven’t attempted to license the song My Humps but have “generated tens of millions of dollars in revenue” with it. The suit names similarities like melody, countermelody, lyrics, chord progression, and inflections from the lead singer like Fergie’s in the 2005 hit.
BMG filed the suit in the Southern District Of New York, seeking “monetary damages and injunctive relief against” the toymaker. They’re hoping to secure $10 million for copyright infringement, $150,000 for statutory damages, and a “temporary, preliminary, and permanent injunction” against the use, storage, and reproduction of My Hump’s adjacent work.
BMG also requested a trial. As of Monday, none of the members of Black Eyed Peas have responded to the suit publicly.
