carly simonCarly Simon has filed a lawsuit against Starbucks, saying that the coffee giant’s music venture did not sufficiently promote her 2008 CD, causing the album to bomb before it even came out.

Simon is seeking unspecified damages corresponding to the release of “This Kind of Love” in April of 2008.

In the lawsuit, which was filed on Friday in Los Angeles, Carly Simon and her lawyers argue that the CD was not made available in “a substantial number” of Starbucks locations in the critical early months following the album’s release.

Then, when it was finally stocked in Starbucks, the company cut the price.

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

Starbucks responded on Monday, saying that it fulfilled all contractual obligations and even promoted the CD for an extended time in Boston and New York.

“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.”

Carly Simon is blaming the album’s sagging sales on the fact that, just days before the release date, Starbucks decided to end its involvement in Hear Music, a joint effort with Concord Music.

Simon’s next CD, “Never Been Gone” is set to be released later this month by Iris Records.

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