Meet the Barker Settlement
Tama Herrick/ZUMA Press
Somebody blinked.
The makers of Rockstar have settled up with former Blink-182 drummer Travis Barker, who sued after an image of him holding the energy drink was featured on the beverage's website.
Specific terms of the deal are being kept under wraps, but, as requested by Barker, Rockstar will make a donation in the drummer's name to VH1 Save the Music Foundation.
"It was never about the money, it was about the principle," Barker said in a statement. "That's why I asked Rockstar to make a donation to Save the Music. I'm really glad something good came out of this in the end."
The foundation helps bankroll music education programs in public schools.
Barker's lawyer, Gregory Weisman, said the deal is tentative and is expected to take about 45 days before a Los Angeles Superior Court finally signs off on it.
A hearing in the suit had been scheduled for Thursday.
On Jan. 16, Barker opened a can of legal whoopass on Rockstar Beverage Corp., suing the firm for invasion of privacy, unfair competition and misappropriating his likeness after discovering Rockstar featured a photograph of him on its website. The image, snapped at the 2006 American Music Awards, showed Barker with a can of Rockstar, making it appear as if he's endorsing the product.
The 32-year-old musician, who now keeps the beat for +44, alleged the energy drink maker attempted to "profit on an unauthorized, unlawful use of Mr. Barker's name, image, persona, likeness and endorsement...for its own commercial gain."
After being contacted by his lawyers, Rockstar took the offending pic down, but not before getting hit with the complaint.
The company's attorneys responded to the suit with a filing in March, claiming Barker "voluntarily posed for and consented to the taking of the photography at issue" during the AMA ceremony, for which Rockstar served as a sponsor. The defense also asserted Blink's beatmeister sought a sponsorship deal with the firm but only sued after Rockstar turned him down.
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