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• 'Rolling Stone' Fights Claim It Misappropriated Indie Bands' Names to Promote Cigarettes 

Fending off accusations it misappropriated the names of more than 185 indie rockers to promote cigarettes, Rolling Stone magazine on Thursday appeared to have one appellate justice solidly in its corner.

However, two votes are needed to win and one justice was absent during oral arguments in San Francisco's 1st District Court of Appeal. The third didn't tip his hand.

Rolling Stone was sued last year by a class of indie bands -- led by the San Francisco Bay Area's Xiu Xiu and Toronto's Fucked Up -- who claimed the magazine had traded on their names by using them in a November 2007 graphic/article juxtaposed with a four-page, fold-out advertisement by the R.J. Reynolds Tobacco Co. that touted Camel cigarettes and the manufacturer's collaborations with indie groups. . . .

Nonetheless, the bands claim Rolling Stone intentionally used their names to help R.J. Reynolds sell Camels and that the ad implied the bands endorsed the product.

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