Darlene Love sues Google over use of ‘It’s a Marshmallow World’ recording
Actor and musician Darlene Love has accused Google of infringing her publicity rights in a lawsuit centring on the use of her voice in an advert promoting the Nexus 5X and 6P mobile phones.
Love complained of Google’s allegedly unauthorised use of her recording of the song “It’s a Marshmallow World”, which featured on the 1963 album “A Christmas Gift for You from Phil Spector”.
In the lawsuit, filed on January 19 at the US District Court for the Northern District of California, Love said she was “deprived of the right to control the use of her identity in connection with the advertising of goods and damages”.
She has also named advertising agency 72&Sunny in the lawsuit.
Love said that the advert has been viewed online 31 million times and broadcast on US television 1,400 times and is infringing her publicity rights.
“A voice does not end up in a commercial advertisement by accident. Rather, a number of people are involved in the creation of commercials. The voice of a famous performer, singing a famous song is selected for the express purpose of trading on the performer’s goodwill,” Love said.
The singer is demanding $75,000 in damages.
