A lawyer for Guns N' Roses [ tickets ] and Axl Rose has publicly criticized the makers of Dr Pepper, saying the company failed to deliver on its promise of a free soda to all Americans if GN'R released its new album, "Chinese Democracy," before the end of the year; Rose, who never was involved in the soda maker's publicity campaign, released the long-awaited album Nov. 23.

Attorney Alan Gutman has written to Dr Pepper Snapple Group Inc. president/CEO Larry Young, accusing the company of running a promotion that was an "unmitigated disaster which defrauded customers.,"

The day the album was released, Dr Pepper tried to honor its promise of free soda by posting coupons on its website; however, the company's web servers crashed under the demand. The company extended the promotion for an extra day but the website remained inaccessible for a substantial part of that time, according to a Billboard report.

In his letter, Gutman said the company was completely unprepared for the traffic to its site, describing the promotion as a "complete fiasco."

The attorney's letter claims that the original campaign was an exploitation of Rose's reputation and Guns N' Roses eagerly awaited album. He said the offer for free soda was a commercial violation of his client's rights and he is seeking "appropriate payment" for the unauthorized use and abuse of the band's publicity and intellectual property rights.

Gutman, who threatened further action if an acceptable offer is not forthcoming, is demanding that Dr Pepper makes good on its offer. He also wants the company to publish full-page apologies in the New York Times, Los Angeles Times, USA Today and the Wall Street Journal.

Gutman's letter also said the company used "mocking undertones" in its promotion, which he claims was even more damaging in light of the company's shoddy execution of its disingenuous giveaway offer.