Rolling Stone reports that the Dave Grohl and the Foo Fighters are bringing a suit against Marvel alleging “substantial excerpts” of their songs “Best of You” and “Free Me” as the music for the trailer of the new animated series 'Wolverine and the X-Men'.
You remember the clip. If not, view it now. [Editors Note: The clip has, once again, been taken offline and is no longer available for viewing]
According to Rolling Stone: The series’ producers First Serve International, Toonz Animation India and First Serve Toonz were also named on the lawsuit, with the Foos’ seeking unspecified damages.
Fans may recall that the clip originally went up on the French animation studio's website and was not publicized widely. When the clip started to get linked around on sites like Comics2Film, the studio quickly pulled if off line.
This leads us to believe that the clip was, perhaps, not intended as a trailer (i.e. to publicize the cartoon), but rather some demo footage, that was not necessarily intended to be spread all over the web.