Besides McCain, the Republican National Committee and the Ohio Republican Party are included on the defendants’ list of the suit. The lawsuit, which seeks damages of more than $75,000 and a permanent injunction against any further use of the rock artist’s music, was filed on Thursday in the US District Court in Los Angeles.

The suit alleges that making use of the artist’s song without having his permission represents a copyright infringement; moreover, it also implies that the singer endorses McCain’s candidature, which is a violation of the US Lanham Act. Also, Browne’s right of publicity under California law is breached, as the campaign spot included the star’s voice.

Browne’s attorney, Lawrence Iser, explained that the performer is “a well-known, lifelong liberal activist and supporter of Democratic candidates, and use of his song and his voice in a commercial bashing Barack Obama is anathema to Jackson.” Browne’s support of the Democratic candidates is demonstrated by the figures provided by campaign finance records; only in 2007 the artist made a $2,300 contribution to Obama’s presidential campaign. 

The lawsuit stems from a campaign ad designated to denigrate the Democratic presidential candidate, Barack Obama, making fun of his suggestion of better conserving gasoline by having the cars’ tires properly inflated. On the background of the mocking spot one can hear Browne’s 1977 hit “Running on Empty,” which was included of the same title.

On the other hand, reps for McCain’s camp denied the accusations. Brian Rogers, a spokesman for the Republican’s campaign explained that McCain had nothing to do with the spot, with was in fact the sole idea of the Ohio Republican Party. He also demanded that the Arizona senator’s name be left out the lawsuit.

“We had nothing to do with the creation or distribution of this ad whatsoever. Mr. McCain's name should quite simply be removed from this lawsuit immediately,” Roger was quoted as saying by Reuters. 

Iser responded to Roger’s statement immediately, explaining that the act of the Ohio Republican Party respected the view shared McCain and the Republican National Committee. Iser commented that it was better for the jury to decide. The lawsuit also states that Jackson Browne is not the first artist to react against McCain’s unlawfully using stars’ work, claiming that ABBA and John Cougar Mellencamp encountered the same problem.   

In response to a cease-and-desist demand from Browne, the Ohio Republican Party withdrew the problematic ad from the Internet last week.