The suit, filed in Chicago federal court by producer Manfred Mohr and artist Ebony Batts (who performs as Phoenix Phenom), claims the Peas plagiarized Batts’ “Boom Dynamite,” which the duo wrote in 2007.
Mohr and Batts allege they posted a YouTube video at the time and submitted “Boom Dynamite” to Interscope Records with hopes of gaining the interest of the Peas’ Fergie for collaboration on the track, the Beacon News reported.
An attorney for Mohr and Batts told the paper in a statement that the similarities between the songs are too great to ignore.
“My clients submitted their copyrighted song ‘Boom Dynamite’ to Interscope Records after Interscope had shown interest in some of their music, and the Black Eyed Peas later copied the song when they wrote ‘Boom Boom Pow,’” Ira Gould said. “A simple listening of the two songs will tell you that the songs are substantially similar, and that the hooks of the two songs are virtually identical in rhythm and lyrics.”
Mohr and Batts are reportedly seeking damages, a share of past and present sales from the track and songwriting credit on future pressings of the album.