Advertising agency Wieden + Kennedy, Inc. has filed a lawsuit against commercial music production company Amber (Heavenly) USA Ltd., for breach of contract. Wieden + Kennedy alleges that Amber Music failed to indemnify them for more than $950,000 in legal expenses incurred during copyright infringement lawsuits.
The dispute arises from a Purchase Order dated January 12, 2007, under which Wieden + Kennedy paid Amber Music $35,000 to create a new version of the "Old Spice whistle" for use in advertisements. The sound was intended for Old Spice ads, a brand owned by Procter & Gamble Company (P&G), one of W+K's clients. According to the agreement, Amber Music represented that its work was original and would not infringe on any third-party rights. The agreement also included an indemnification clause covering W+K against claims or damages arising from Amber Music’s work.
After the whistle was used in Old Spice commercials, composer H. Scott Salinas filed two lawsuits alleging that the recording infringed on his copyrighted work. The cases were filed in the Central District of California under case numbers 2:19-cv-06794-RGK-AS and 2:20-cv-08363-JFW-E. Both lawsuits were dismissed on December 23, 2020.
W+K states that it incurred more than $950,000 in legal fees while defending the claims, costs that were not covered by its insurance provider. The company asserts that under the terms of its contract with Amber Music, these expenses should have been reimbursed by Amber Music.
The plaintiff sent notices to Amber Music regarding the indemnification obligation on September 25, 2020; November 19, 2021; and July 2, 2024. No payments have been made.
W+K is seeking damages exceeding $950,000, plus additional costs and interest as determined at trial. The company also requests further relief deemed appropriate by the court.
The plaintiff is represented by attorney Guy Cohen of Davis+Gilbert LLP. The case was filed in the United States District Court for the Eastern District of New York under case ID number 1:25-cv-04319-RML.