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War Goes Nuclear on Pepsi -- You Stole Our Song!

9/1/2010 7:19 PM PDT BY TMZ STAFF

The guys from War claim Pepsi stole their "signature song" for a national ad campaign ... and now the band is opening a $10 million can of whoop ass to make things right.

0901_war_pepsi_EX

Ironically, it's all over the song "Why Can't We Be Friends?" -- which, according to a lawsuit filed in L.A. County Superior Court, is currently being used in an ad campaign for Pepsi Max.

According to War, the band "did not consent to the use of their performance" in the spot -- and claim the commercial is a "deliberate violation" of their licensing arrangements.

War ain't cheap -- the band wants more than $10 million in damages.

Calls to Pepsi have not been returned.

59 COMMENTS

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1.

Blue Lake    

Pepsi STOLE the song? They are cooked. Pay up my fave band and make sure there are a pile of zeroes.

1451 days ago
2.

THIN LIZZY    

Get em War

1451 days ago
3.

Kay    

Go get 'em, War! Go get your money. The Lord works in mysterious ways, His wonders to perform!

1451 days ago
4.

Q    

is there more than one original member of WAR still alive? no current member who were not part of WAR should collect one red cent..you think WAR has lawyers like Pepsi does? Pepsi will run the ragged until they're broke and the rest die off before they cough up one penny...just how it works...WAR would be better served doing what they used to do best, making good music---whats it been 45 years since they're last hit? Get real.

1451 days ago
5.

Sonja    

How the hell do you forget to get the legal right to air a song in a commercial these days.. especially Pepsi. Hope they win some cash ... or a life time supply of Pepsi, LOL

1451 days ago
6.

PJ    

I don't even drink the damn stuff. I think Obama does though. Isn't that his logo?

1451 days ago
7.

me    

"stole" isn't the right word, but it's the one that will get them the press.

Their licensing agreement probably did not state it needed their sign off to anyone other than the record company holding the rights. Anyway, hope they'll get some dollars as it is a good song and they're a good band.

At this point the only way they will see the money is to go after Pepsi, because the record companies don't have any. Even EMI had to issue a "going concern" statement! SAD.

1451 days ago
8.

PJ    

who's PJ?

1451 days ago
9.

awards    

Saaay Whaaat, MoFo? Spend your bread on coke?

1451 days ago
10.

jae kae    

Another reason I love Coke Zero.

PEPSI SUCKS!!!!

1451 days ago
11.

gimmeabreak    

Yeah! Pepsi sucks, and Coca Cola would never do something underhanded like this...

1451 days ago
12.

tamara    

I love War! Cisco Kid, All Day Music, The World Is A Ghetto, Slippin Into Darkness, and the amazing Low Rider. I hope they win their suit!

1451 days ago
13.

tamara    

I love War!! Cisco Kid ... All Day Music ... The World Is A Ghetto ... Slippin Into Darkness (currently available on Comcast On Demand, at least in Chicago) ... and the fabulous Low Rider.

I hope they win their suit.

1451 days ago
14.

neicey    

Can't stand pepsi... I just hate the drink.

1451 days ago
15.

dd    

No doubt about it, I can't believe Pepsi execs. could be so dumb!

1451 days ago
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