The band are taking the beverage brand to court over using their music in a promotional video

Beastie Boys‘ Ad-Rock (Adam Horovitz) is set to take the stand in the band’s copyright infringement case against Monster Energy Drink.

Mike Diamond, Adam Horovitz and Adam Yauch’s widow, Denchen Yauch, filed a suit in 2012 in New York federal court against Monster Energy Drink, after the beverage company used the a number of band’s songs without permission.

The band claim that ‘Sabotage’, ‘So Watcha Want’, ‘Make Some Noise’ and ‘Looking Down The Barrel Of A Gun’ were all used, in part, in a promo video on the Monster site for the Ruckus Festival in Canada. The festival, which was sponsored by Monster, took place days after Yauch’s death.

Horovitz will appear at Thurgood Marshall United States Courthouse in New York City on May 27, representing the band, who are seeking financial damages of $150,000 for each infringement, as well as a permanent injunction, reports Consequence of Sound. Their suit states: “The public was confused into believing that plaintiffs sponsored, endorsed and are associated with defendant Monster in promoting defendant Monster’s productions and promotional events.”

Yauch prohibited the use of his music for advertising purposes after his death. Yauch’s will read: “Notwithstanding anything to the contrary, in no event may my image or name or any music or any artistic property created by me be used for advertising purposes.”

Adam ‘MCA’ Yauch died on May 4, 2012 after a prolonged battle with cancer. He was 47.