By April 10, the song was available on iTunes, the lawsuit states.
“At no time did Sweet Brown consent or agree to have her name, likeness, voice, statements, photograph used in connection with any products, songs, video productions, merchandise, goods, advertisements or solicitations for merchandise, goods or service,” the lawsuit states.
Attempts to contact attorneys representing Apple Inc. were not successful. Court documents show that “I Got Bronchitis” was for sale on iTunes from April 16 to June 29.
A review of court documents does not reveal how many times the track was downloaded on iTunes.
Initially, Wilkins and a co-plaintiff, a woman named Sparkell Adams, were demanding $15 million from the defendants, including $7.5 million in punitive damages. An amended lawsuit filed in December does not specify how much money the two women are seeking.
Adams, who refused to comment on the lawsuit, is described as Wilkins' business manager.
At this point in the legal proceedings, Wilkins and Adams have no attorneys, court records show.
Two attorneys who were handling the case, at least for a few weeks, were granted permission to withdraw from the proceedings March 1.
“There are unresolvable differences between counsel and the plaintiffs that require withdrawal of counsel,” one of the attorneys wrote in a motion to withdraw.
Wilkins, who has done some local commercials and made numerous TV and radio appearances since the April 8 interview, could not be reached to comment on this story.
In addition to Apple, the lawsuit names as defendants the Bob Rivers Show and Citicasters Co., the San Antonio, Texas, company that owns the radio station that broadcast the show.
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