It turns out restaurateur Applebee’s International Inc. and the 1960s pop group The Turtles aren’t so happy together after all.
Two of the group’s members, Mark Volman and Howard Kaylan, have sued the chain and its advertising agency, FCB Worldwide Inc., over an ad which modified lyrics to their 1967 hit “Happy Together.”
In the ad, the words “Imagine me and you, I do/I think about you day and night, it’s only right” become “Imagine steak and shrimp, or shrimp and steak/Imagine both of these on just one plate.”
Arguing their reputation was compromised, the pair said the lyrics changed “from those of a sweet love song to a crass paean to shrimp and steak combination plates,” according to papers filed in Los Angeles federal court Wednesday.
They seek damages and profits from sales drummed up by the steak and shrimp promotion.
A spokeswoman for the chain, which operates about 1,600 of its namesake restaurants, said the company had not yet seen the suit. FCB Worldwide, which is a unit of Interpublic Group of Cos Inc. could not immediately be reached for comment.
An attorney for the plaintiffs, Evan Cohen, said Applebee’s contacted the song’s publisher for permission to use the song, but did not contact the Turtles, who are the owners of the original master recording.
“This lawsuit is about celebrity impersonation,” Cohen said. “The average listener thinks it’s the Turtles changing the lyrics to their most celebrated song and a No. 1 hit to suit the needs of Applebee’s.”
“Happy Together” is one of many classic pop tunes Applebee’s has parodied in its commercials. Others include The Newbeats 1964 hit “Bread and Butter,” which was used in ads promoting Skillet Sensations.