Warner Music sues Bang Energy in latest TikTok ad lawsuit

Cardi B attends Warner Music Group’s pre-Grammy party in Manhattan, New York, U.S., January 25, 2018. REUTERS/Andrew Kelly

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  • New case follows lawsuits from Universal Music and Sony Music
  • Court previously found Bang infringed hundreds of UMG and Sony copyrights

(Reuters) – Energy drink maker Bang Energy and its CEO Jack Owoc face a third lawsuit from a major music label over their social media ads, after several Warner Music Group affiliates accused them to set TikTok and Instagram videos to music with songs from unlicensed artists such as Beyonce, Bruno Mars and Cardi B.

Warner Music’s lawsuit, filed Thursday in federal court in Miami, comes a day after a judge in the same court found Bang liable for infringing on more than 200 Sony Music copyrights. U.S. District Judge William Dimitrouleas also ruled for Universal Music Group on similar claims against the beverage company in July.

Bang did not immediately respond to a request for comment on Friday. Warner Music declined to comment on the lawsuit.

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Warner Music told the court on Thursday that Bang’s rise to become the third best-selling energy drink in the United States was largely fueled by its video advertising on social media platforms, particularly TikTok and Instagram.

Bang’s TikTok account has over 1.5 million followers and TikTok videos with the #bangenergy hashtag have over 18 billion views. His Instagram account has 2.3 million followers.

Warner Music said it sent Bang a cease and desist letter following the Universal Music lawsuit last year. The lawsuit said some of the infringing videos remained online more than a year later, and that Bang posted new infringing videos after receiving the letter.

The label accused Bang of infringing its copyright on 187 songs by popular musicians, including The Weeknd, Justin Bieber and Dua Lipa.

WMG sought either actual or statutory damages of up to $150,000 per song, as well as a court order to permanently restrain Bang from using his music.

The case is Atlantic Recording Corp v. Vital Pharmaceuticals Inc d/b/a Bang Energy, US District Court for the Southern District of Florida, No. 1:22-cv-22951.

For Warner Music: Rollin Ransom by Sidley Austin

For Bang Energy: information not available

Read more:

Bang Energy social media ads infringe Sony Music copyright, judge rules

Bang Energy copyrighted UMG music in TikTok ads, judge rules

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