Simon’s Venti-Size Lawsuit Against Starbucks

Did you see Carly Simon’s 2008 album at your local Starbucks? No? Then you’re not alone. Which is why the singer is suing the mega coffee chain.

Photo: AP Photo

Simon’s lawsuit, filed Friday with California’s Los Angeles County Superior Court, claims her 2008 album – This Kind Of Love – wasn’t available in “a substantial number” when it was released during April of last year. What’s more, the chain slashed prices when it finally stocked the CD, a move that didn’t sit too well with Simon.

“By doing so, Starbucks stigmatized Ms. Simon’s album as an album that could not be sold at full price,” the lawsuit alleges.

Simon blames the album’s lack of sales – only 124,000 copies sold, according to the New York Times – on the coffee chain’s decision to curtail its “I Hear Music” program which was a joint venture with Concord Music.

Of course, Starbucks has a response. In a statement released today, the chain said it met all contractual obligations, and even extended its promotion of the disc in New York and Boston.

“Unfortunately, sales continued to lag as the title received tepid response from music consumers,” Starbucks said. “Other retailers faced the same fate with this CD.”

Photo: AP Photo

Meanwhile, Simon has a new album coming out this month and a European tour in the planning stages for early 2010.  Needless to say, Simon’s new album has nothing to do with Starbucks, coffee or baristas. Never Been Gone will be released by Iris Records.