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Counsel Update in Destiny's Child Song Litigation

By Lynne Marek
November 25, 2009

Singer-actress-celebrity Beyonc' and her father-manager Mathew Knowles have parted ways ' at least in their choice of lawyers ' in defending a copyright case set for trial in Chicago this month. Allen v. Destiny's Child, 06 C 6606. Over the past few months, Beyonc' and Destiny's Child Inc., the company named after her famous trio and run by her father, have tapped new and separate counsel.

The case arose over the song “Cater 2 U,” which Beyonc' recorded as part of Destiny's Child and released in 2004 in conjunction with the group's reunion album. Chicago resident Rickey Allen claims he wrote the song in 1992 and registered it with the U.S. Copyright Office in 1994 before it made its way through intermediaries to the singers.

In Nov. 2006, Allen sued the performers, Destiny's Child Inc., and related companies, including tour sponsor McDonald's Corp., for copyright infringement, misappropriation, fraud and breach of contract, claiming damages of more than $500 million. All counts except the infringement claim have since been dismissed. The trial in the U.S. District Court for the Northern District of Illinois was scheduled to start Dec. 8. Beyonc' and her Destiny's Child cohorts Michelle Williams and Kelly Rowland were slated to be called as witnesses.

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