THE Foo Fighters are suing Marvel Comics fro copyright infringement after the comic book giant used two of their songs for a TV advert without permission.

DAVE GROHL's band are alleging that Marvel used "substantial excerpts" from the tracks BEST OF YOU and FREE ME to promote its new Wolverine AND THE X-Men animated series.

The series' fellow producers First Serve International, Toonz Animation India and First Serve Toonz were also named in the suit, which has been lodged at the Los Angeles Superior Court.

The Foos are reportedly seeking an unspecified amount in damages and attorneys' fees, in addition to an injunction preventing Marvel from using the songs in the future.

At the recent Brit Awards the Foo Fighters walked away with two accolades – Best International Band and Best International Album for their latest release ECHOES, SILENCE, PATIENCE AND GRACE, which also won a Grammy Award.

They were unable to attend the Earls Court ceremony as they were in the US after performing to a sell-out crowd at Madison Square Gardens on Tuesday.

In his pre-recorded acceptance speech, Grohl said: "Hey everybody thanks very much for the Brit Award.

"It really is an honour to be recognised alongside the likes of Huey Lewis and The News, Culture Club, Mc Hammer and Kula Shaker."

22/02/2008 11:33:29