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Black Keys Settle With Home Depot, Pizza Hut Over Song Use (1)

Nov. 14 (Bloomberg) -- The Black Keys reached settlements with Home Depot Inc., Pizza Hut Inc. and two advertising firms over allegations that the companies used the rock band’s songs in commercials without permission.

“The parties to this action have reached a settlement agreement in principle that will result in the voluntary dismissal of this action,” U.S. District Judge Otis Wright said in a court filing in Los Angeles yesterday.

The Black Keys, a duo comprising Patrick Carney and Daniel Auerbach, sued in June, alleging the unauthorized use of their songs “Lonely Boy” in a Home Depot ad and “Gold on the Ceiling” in a Pizza Hut ad. The group also sued Interpublic Group of Cos. and its Martin Agency unit.

Wright set a settlement hearing for Jan. 7. He said the hearing will be canceled if the parties file a proposed order of dismissal.

Home Depot, based in Atlanta, is the largest U.S. home- improvement retailer. Pizza Hut is a unit of Louisville, Kentucky-based Yum! Brands Inc.

The cases are Auerbach v. Pizza Hut, 12-05385, and Auerbach v. Home Depot, 12-05386, U.S. District Court, Central District of California (Los Angeles).

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