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Travis Barker settles with Rockstar Beverages

Posted by aubin on Wednesday, April 16, 2008 at 1:00 PM (EDT)

Blink-182 and Plus 44 drummer Travis Barker has settled in his lawsuit against Rockstar Beverages and their product, Rockstar Energy Drink.

According to the suit, launched in January, the Rockstar Web site published a photo of Barker "holding a can of one of Rockstar's beverages, and identifying him and his endorsement by name" without his consent. The lawsuit claims invasion of privacy, unfair competition and misappropriating his likeness to promote the product.

It was not revealed how much the settlement was worth after an agreement was reached on Friday in Los Angeles Superior Court, and Barker's lawyer, Gregory Weisman, told the Associated Press that both parties are still working out terms.

Rockstar has been busy with a number of projects including sponsoring events like the Warped Tour and Kevin Lyman's upcoming Rockstar Mayhem tour.

News (70 comments)

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Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way. Seriously.

Jimmy_the_Saint (April 16, 2008)

Next article about this will be that Plus 44 is on the Rockstar Mayhem tour.

Dsquared (April 16, 2008)

Now travis barker and Ian Mackaye will finally have something in common

3+ Replies

veganboyjosh (April 16, 2008)

i thought ian ok'ed the hot sauce...

Sven_Morburg (April 16, 2008)

http://grammarpolice.net/archives/images/minorthreat.jpg

spoon_of_grimbo (April 21, 2008)

hahaha nice!

MattRamone (April 16, 2008)

Does anyone else think of Warped Tour as kind of like a hot topic county fair?

8+ Replies

baldsteve (April 16, 2008)

It's basically hell. No matter how great the line up is, I can't bring myself to go. Bands aren't meant to be seen in the daylight and dirt.

MattRamone (April 16, 2008)

Surrounded by 14 years old in pancake makeup.

fallingupwards84 (April 16, 2008)

word, i've only gone three times, but all three times were hell

veganboyjosh (April 16, 2008)

you know what they say...

fool me once...shame on you.
fool me twize...ifyoufoolmeyoucan'tfoolmeagian!

punckass (April 17, 2008)

that's a bizarre thing to say... u americans just don't get festivals do u? ;) there's nothing better than enjoying bands in the sun, with a beer in hand!

VictorIkpeba24 (April 17, 2008)

It depends really. To see bands you moderately enjoy, it's cool. you stay far from the stage with a beer in hand and enjoy the sun. Personally if it's only for that I prefer going to the beach bringing my Ipod, it's less expensive.

But when it comes to bands you really love, it's much better in a small club where you are close to the stage and can sing along all the songs jumping all around without having to swallow dust and get your T-shirt imbued with other people's sweat...

branden (April 16, 2008)

yeah it sucks ass. but im goin this year to see the bronx for sure. never seen em before.

Mike_Killroad (April 16, 2008)

Not a bad live show there, make sure to bring your coke and hookers.

Mike_Killroad (April 16, 2008)

I've never been to Warped Tour because I am soooo cool and original....

or maybe because I hate people.

You can pick either one.

Jesus Saves.

-Mike.

I_Rock_Hard (April 16, 2008)

I think of you as a douche.

siren11 (April 16, 2008)

except travis actually drinks rockstar... ian doesn't wear nikes.

24HourPriapism (April 16, 2008)

does anyone else realize how fundamentally fucked up it is that somebody with enough money and influence can sue somebody else just for showing a picture of their face without authorization and proper compensation?

3+ Replies

655321 (April 16, 2008)

Why is it fucked up? If you want to use somebody's name on your product you need to pay them for it or at least get their permission - that's how it works. Travis Barker has branded his name and in doing so, he has created equity in the name "Travis Barker." If companies want to license that name, in hopes that it will increase revenues, they need to pay for it.

This does not negate the fact that travis barker is tool.

I_Rock_Hard (April 16, 2008)

That doesn't negate the fact that he is a phenomenal drummer.

brocksampson (April 17, 2008)

yes it does

spoon_of_grimbo (April 21, 2008)

point out even ONE interesting fill or beat on the +44 album. i rest my case. he WAS a good drummer.

LookingForCorpses (April 16, 2008)

No, not at all. First, he's a celebratory, and as someone else said, he's created a "brand" for himself. Other people can't just use that as they feel fit. It's not just "showing their face." It's implying that "travis barker drinks and enjoys rock star," which is a marketing plan that he didn't authorize. Second, let's say someone were to take a picture of you outside a mall drinking a rockstar and they said it might be used in an ad, you'd have to sign a waiver and/or be compensated. Or, in some cases like concerts, there may be a waiver posted as you enter saying that you're waiving your rights to compensation and giving permission for your likeness to be used to promote whatever they see fit.

It's funny you think it's fucked that a guy who's made himself a lot of money as a musician took a stand against a big corporation for taking advantage of him.

gringo998 (April 16, 2008)

fuck travis barker,
fuck rockstar beverages.
fuck warped tour tooo

and hot topic is just really fucking lame.

2+ Replies

Mike_Killroad (April 16, 2008)

Well, aren't you the little non-conformist?

ASLVN (April 16, 2008)

and since hot topic is lame fuck it also?

LORDSHREDDER (April 16, 2008)

Money Bags Barker is a douchebag anyway. He doesn't need to be the typical California sue-everyone-for-a-quick-buck choad monger.

1+ Reply

LookingForCorpses (April 16, 2008)

I really wouldn't call this suing for a quick buck.

Mike_Killroad (April 16, 2008)

I fucking love apples.

1+ Reply

listofdemands (April 16, 2008)

i only like apples if they're crunchy. fuck mealy apples.
-nic

fallingupwards84 (April 16, 2008)

no, this is an invasion of privacy:
http://edition.cnn.com/2008/WORLD/europe/04/16/camera.e ngland/index.html

1+ Reply

jacknife737 (April 16, 2008)

Oh look, its fallingupwards ragging on the UK again, will your bigotry never end?? (/sarc)

Mike_Killroad (April 16, 2008)

I fucking love oranges.

Mike_Killroad (April 16, 2008)

I fucking love grapes.

Mike_Killroad (April 16, 2008)

I fucking hate you.

sfbarker (April 16, 2008)

Everyone knows Monster Energy Drinks own Rockstar...I'd bring a Lo-Carb Monster anyday over anything Rockstar makes...

2+ Replies

fallingupwards84 (April 16, 2008)

Monster's disgusting too, they all are

kevgren (April 16, 2008)

Disagreed. I'm a big fan of Rockstar Juiced

CobraSkullsFan (April 16, 2008)

yes warped tour as a whole blows, BUT there are always a few great bands worth going to see. sometimes its depressing, but to see 5 great bands for one ticket price is okay by me, plus, i dont go every year.

peachesenregalia (April 16, 2008)

i'm suing to get a refund, plus damages. I bought and consumed Rockstar soley because I saw Blink 182 and Plus 44 drummer Travis Barker in a picture holding a can of one of Rockstar's beverages, and identifying him and his endorsement by name...had I known that it was done without his express consent and approval and that he was not appropriately compensated, I would have niether bought nor consumed the aforementioned beverage....

2+ Replies

655321 (April 16, 2008)

I think you have a case my friend!

LameExcuse (April 16, 2008)

That's hilarious...Well played!

blip (April 16, 2008)

doesn't he have enough money?

he could at least stop making retarded youtube videos of himself playing along to Crank Dat Soulja Boy.

Dante3000 (rich) (April 16, 2008)

Not to sound like an adult but it isn't about Travis Barker needing more money. It's about using his image and name to promote a product without his consent. Sure it's something inane like an energy drink but what if it was something like handguns. They use a picture of Travis at a shooting range (let's say it was part of his reality show) and say he loves handguns.
Fact is I wouldn't want my name tied to a product I didn't endorse (though I wouldn't really impact sales), why should Travis Barker? Just because you're already rich doesn't mean people can use your existing level of notoriety without permission.
-Dante
P.S. I figured this was better than a tirade about Girls Gone Wild.

7+ Replies

blip (April 16, 2008)

i don't think you really need a suit that (i'm sure) involves large amounts of money being transferred from Rockstar to Barker.

i mean, how much did Ian Mackaye rake in on that Nike scandal? did they even ask for money or just that it be removed?

Dante3000 (rich) (April 16, 2008)

Unfortunately, large amounts of money are the only thing large corporations understand. If there were no repercussions it would likely happen again until they found a celebrity who wouldn't call them on it.
As for the Ian Mackay/Nike deal it was different because it was a Nike Sponsored skate tour that featured a posted that bared a likeness to a Minor Threat album. It wasn't "Ian Mackaye supports Nike". While it may be a similar issue (companies not gaining permission to use an image/likeness) they're different legally. Additionally, I think Nike tried to make amends by donating money to some charity.
Don't get me wrong, I don't think Mr. Barker needs more money but I don't think he did anything out of the ordinary here.
-Dante

I_Rock_Hard (April 16, 2008)

Unfortunately, you being a fucking douchebag is the only thing everybody else here understands.

Dante3000 (rich) (April 16, 2008)

They understand love too. Like the undying kind I have for you.
-Dante

fallingupwards84 (April 16, 2008)

there's nothing wrong with getting money... especially if its coming from a source like this one. why not?

dlangl4 (April 16, 2008)

Yeah, they should just shake hands and walk it off.

LookingForCorpses (April 16, 2008)

You're making too much sense. You'll confuse everyone here.

VictorIkpeba24 (April 17, 2008)

Maybe, but this time it was just about a drink, that this guy actually drinks anyway, so I don't see what would be the problem from his point of view. If they had asked his permission offering him money, I don't think he would have said no way, you can offer me all the money you want, I won't endorse your product. So in the end that's really just a way to get money.

But that being said he is right, everyone would have done the same, and i prefer to see this money in his hands than in Rockstar's ones.

LookingForCorpses (April 17, 2008)

Yes and no. I'm guessing, if he actually regularly drinks it, he contacted them about some sort of endorsement. My guess is, that he was just drinking some free drink on the side of the stage at Warped and someone snapped a pic.

lintsay (April 16, 2008)

douchebagnews.org

1+ Reply

ArtieFufkin (April 16, 2008)

lol

mcgregor107 (April 16, 2008)

Apparently Rockstar sells drinks with Vodka as well.. that can't be too good for your body..

Adlai_E_Stevenson (April 16, 2008)

Oh, good. I was worried over how this might turn out.

crazyjoedevola (April 16, 2008)

"We're prepared to offer you all the free coffee you want in any of our stores throughout North America and Europe, Plus.."

"I'LL TAKE IT!"

2+ Replies

TheDude (April 16, 2008)

i like that your comment, and your username, both involve seinfeld connections. i tip my hat to you, kind sir with the impeccable taste for good television.

notfeelingcreative (April 16, 2008)

Who told you to put a balm on?

karmabad (April 16, 2008)

I'm still amazed that people drink this stuff...

Maybe with the settlement money he can get a big tattoo on his face...a big "F"

http://thisblogisover.wordpress.com/

jacknife737 (April 16, 2008)

I'm a Full Throttle guy myself....

blindbubbacheeks (April 16, 2008)

I'll drink to that!

Skibz777 (April 16, 2008)

*obligatory irreverent The Aquabats! reference*

powerhour (April 16, 2008)

sellout

noknownallergies (April 16, 2008)

I drank a rockstar once, I hope i'm not in their advertisments because it sucked

I only drink Dale energy

both Dale Earnheart and Dale Gordon

MsJustinChris (April 16, 2008)

What makes people think they can get away with stuff like this?

letthebeatdrop (April 16, 2008)

coffee tables are stoked.

1+ Reply

David5345 (April 16, 2008)

Rockstar is owned by Michael Savages son. Him and Kevin Lyman both deserve to die.

AlChron77 (April 19, 2008)

This is just an outrage! Poor Travis was probably at home laying on his money pile, giving a rim job to Justin Sane to prove he is really a punk and he sees a picture of himself holding a can of an energy drink that he, in fact, drinks. HOW DARE THEY!!!! Can't you see what a victim poor Travis is? I think we all need to create a fund to help Travis pay his legal bills.

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