Axl Rose, he of Guns N' Roses (GNR) fame, is accusing Pepper of profiting off the Guns N' Roses name, after the soda company's website malfunctioned during their free Dr Pepper giveaway on Sunday.

Back in May of this year, Dr Pepper announced they would give a free can of the soft drink to every American - except former guitarists Slash and Buckethead - if 'Chinese Democracy' was released this year. The album took Axl Rose and dozens of musicians and producers an estimated $11 million and 13 years to complete.

Dr Pepper's Marketing Director said: "It took a little patience to perfect Dr Pepper's special mix of 23 ingredients, which our fans have come to know and love. So we completely understand and empathise with Axl's quest for perfection - for something more than the average album.

"We know once it's released, people will refer to it as 'Dr Pepper for the ears' because it will be such a refreshing blend of rich, bold sounds - an instant classic."

In the event, the Dr Pepper offer went a little flat when the company's Web site malfunctioned during the 24 hours it offered the free pop to consumers on Sunday, upsetting many fans,

Axl's lawyers demanded a full-page apology in the New York Times, Los Angeles Times, USA Today and the Wall Street Journal; an expanded time period to redeem the soda and "an appropriate payment to our clients for the unauthorized use and abuse of their publicity and intellectual property rights." He did not say how much was being sought.

Freep