The Poopsie Slime Surprise toys, otherwise known as the pooping toys, are somewhat of a phenomenon with kids. But, it appears the toymaker met its match after messing with a Black Eyed Peas song.
BMG Rights Management is going after the makers of Poopsie Slime Surprise, claiming they ripped off “My Humps” for a commercial. The ad in question, which is over 2 years old, featured four unicorns in crop tops and diapers singing a song titled “My Poops.”
Rolling Stone reports BMG filed suit against MGA Entertainment in Manhattan’s U.S. District Court and accused the company of willful copyright infringement. The lawsuit further states MGA “exploited [the song], without authorization.”
“Defendant created a song called ‘My Poops’ that clearly copies from, and is substantially similar to, ‘My Humps,'” BMG states. The music company also outlined similarities between the two songs, claiming they use a similar bass line, lyrics and vocal inflections.
BMG also lays out reasons to believe those behind the commercial were aware of the song when creating the jingle.
“My Humps,” says BMG, “Won Best Hip Hop Video at the 2006 MTV Video Music Award.” It became a hit single and its music video has amassed over 700 million views on YouTube since it was posted in June 2009. The music label insists the toymaker “clearly had access” to the single.
The outlet notes the toymaker could defend itself under the First Amendment, should it claim the song is a parody.
In all, BMG is asking for $10 million in damages and for the toymaker to “destroy all copies” of the offending song.
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