As if Dave Grohl and company didn't have enough on their hands fighting 'foo,' according to Rolling Stone, the politically-aware indie rock band has filed suit against Marvel for copyright infringement.  The band is claiming that Marvel (or perhaps more precisely First Serve Toonz, the company that produced the trailers) has used 'substantial excerpts' of their songs 'Best of You' and 'Free Me' as the musical background in the trailer for the animated series X-Men and Wolverine. 

The new X-Men and Wolverine series isn't likely to air before spring of 2009 (according to Marvel's latest estimate), but the trailer is available online and upon listening it certainly does sound like the Foo Fighters have a case.