LOS ANGELES, April 18, 2002 (PRIMEZONE) -- Wylie Gustafson, creator/performer of the now famous signature Yahoo! yodel used in Yahoo, Inc.'s widespread radio, television and internet advertising campaign, filed suit on April 16, 2002 in U.S. District Court, Central District of California, against Yahoo, Inc., claiming the company's continued use without compensation of his distinctive yodel violates his registered copyright in that vocalization. Gustafson is a Rounder Records recording artist and founder of the popular country band, Wylie & the Wild West.
Hired in 1996 through an audio production facility to create and record a yodel for use in Yahoo!'s first television commercial, Gustafson was paid $590 for that performance with the understanding his yodel would only be used for that specific commercial.
Gustafson's yodel has subsequently been featured worldwide in Yahoo! television commercials broadcast from the Super Bowl to the Academy Awards, on motion picture sound tracks, radio commercials and millions of times on the Internet.
Gustafson alleges that he was not advised by either Yahoo! or its agents that contacted him that his yodel would be used in thousands of commercials or as a Yahoo! trademark. "Nor did Yahoo! ever obtain my written release or agreement in connection with its use of my yodel," states Gustafson.
The country performer says he only wants what is due him for having made Yahoo! commercials and the trademark so recognizable due to the use of his well-known signature yodel. The infringement action seeks injunctive relief prohibiting continued use of the Yahoo! yodel as well as unspecified damages and attorneys' fees.
When asked why he waited until now to bring suit, Gustafson said, "I tried to resolve the matter with Yahoo! informally for over three years without success. I even sent a copy of my lawsuit to Yahoo! before filing it, but Yahoo! never responded to either me or my attorney."