The band’s 1993 hit song Livin’ on the Edge was playing while people entered the venue at Trump’s rally held at the Charleston Civic Centre in West Virginia on August 21.
Tyler sent a cease-and-desist letter through his lawyer Dina LaPolt to the White House accusing Trump of willful infringement in broadcasting the song, which was written by Joe Perry, Mark Hudson and Tyler.
Here is the cease and desist letter to Trump from Steven Tyler’s lawyers demanding that the Trump campaign refrain from playing Aerosmith music at rallies. Aerosmith has made this demand before according to this letter. pic.twitter.com/tWpOSO6tS5
— Jim Acosta (@Acosta) August 22, 2018
According to Variety, the notice accuses Trump of “falsely implying that our client … endorses his campaign and/or his presidency, as evidenced by actual confusion seen from the reactions of our client’s fans all over social media.”
The song was captured in a tweet by CNN reporter Jim Acosta.
The scene in WV before Trump’s rally. Aerosmith’s “Livin’ on the edge” playing. pic.twitter.com/HW1qr9TBgE
— Jim Acosta (@Acosta) August 21, 2018
In the cease-and-desist notice, Tyler’s lawyer cites the Lanham Act, which prohibits “any false designation or misleading description or representation of fact … likely to cause confusion … as to the affiliation, connection, or association of such person with another person.”
As of this writing, there has been no response from the White House to Tyler’s cease-and-desist notice.
This isn’t the first time Tyler ordered Trump to stop using his music.
In 2015, Tyler sent two cease-and-desist letters to Trump’s camp for using Aerosmith’s hit song Dream On at campaign events.
Trump agreed to stop using Dream On at campaign rallies at the time, though he contended he had paid for the rights to use the song.
On Monday, Aerosmith performed alongside Post Malone at the MTV Video Music Awards. The band will begin a Las Vegas residency in April 2019.
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