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In a 69-page decision, U.S. District Judge Paul Engelmayer in
Manhattan said there was "ample basis" to believe the video
could confuse people into believing incorrectly that Beastie
Boys, a 2012 inductee into the Rock and Roll Hall of Fame, had
endorsed Monster energy drinks.
He also said jurors could infer that Monster intended to deceive
viewers and benefit from its apparent association with a group
"particularly popular among young men, Monster's target
demographic."
The roughly four-minute "megamix" video was put together by the
disk jockey Z-Trip, and included excerpts from five Beastie Boys
songs.
Monster conceded shortly before the trial that it was liable for
copyright infringement, but that Beastie Boys didn't deserve the
$2.5 million of damages it sought.
Engelmayer concluded that the eventual $1.7 million award on
June 5 did not "shock the conscience," and could be left intact.
Reid Kahn, a lawyer for Monster, said in an email: "We disagree
with the court's decision and the jury verdict and we intend to
appeal."
A lawyer for Beastie Boys did not immediately respond to a
request for comment.
Beastie Boys members Adam "Ad-Rock" Horovitz and Michael "Mike
D" Diamond testified at the trial. The group's third member,
Adam "MCA" Yauch, died in May 2012. The lawsuit began three
months later. Monster is based in Corona, California.
The case is Beastie Boys et al v. Monster Energy Co, U.S.
District Court, Southern District of New York, No. 12-06065.
(Reporting by Jonathan Stempel in New York; Editing by Bernard
Orr)
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