Huckabee Sued for Using "Eye of the Tiger" at Kim Davis Rally

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Rowan County, Kentucky Clerk Kim Davis (R), With Mike Huckabee (L) speaks to a crowd gathered outside the county's correctional facility on Tuesady, September 9, 2015, following her release on a contempt charge. (CNN)

WASHINGTON (CNN) -- A songwriter of the hit song "Eye of the Tiger" is suing Mike Huckabee for playing the tune at a rally following Kim Davis' release from jail.

Rude Music - which is owned by Frankie Sullivan, co-writer of the song - filed a lawsuit against Huckabee's campaign on Wednesday for copyright infringement in federal court in Illinois.

The lawsuit charges the former Arkansas governor allowed the Grammy-winning song to be played publicly at a campaign appearance supporting the county clerk who gained national attention after refusing to issue marriage licenses to same-sex couples.

The Huckabee campaign did not immediately respond to CNN's request for comment.

Sullivan, a founding member of the band "Survivor," had previously sued Newt Gingrich for using the hit song in his 2012 race for the White House.

The popular song was theme song for the movie "Rocky III" and eventually won a Grammy, according to the lawsuit.

The lawsuit claims Huckabee was aware that he was committing copyright infringement.

"Artists' complaints of candidates' unauthorized use of their songs have become an election-year staple. According to news reports, in 2008 the founder of the band Boston demanded that Mr. Huckabee's presidential campaign stop playing the Boston hit "More Than a Feeling" at his events," the suit said.

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