Foster the People is an American indie pop band formed in Los Angeles, California, in 2009. Members Mark Foster (vocals, keyboards, piano, synthesizers, guitar, programming, percussion), Mark Pontius (drums and extra percussion), and Cubbie Fink (bass and backing vocals) formed the band while in their mid-twenties. Mark Pontius used to play drums and shoot/edit the music videos for the indie pop band Malbec. Mark Foster originally named his band Foster & the People, but people misheard it as "Foster the People." Eventually, he took to the nurturing image it evoked of "taking care" of the people, so the name stuck. NPR credits the band's rise to fame to getting play on The Hype Machine and performances at South by Southwest. The band is best known for its song "Pumped Up Kicks", which reached number one on Billboard's Alternative Songs chart, number 3 on the Rock Songs tally and number 7 on the Billboard Hot 100. The song was featured on SyFy channel's Warehouse 13 Season 2, Episode 9 'Vendetta' which aired August 31, 2010. The track was also used by the UK mobile phone company O2 for its 'Priority Moments' commercials The band was named in a lawsuit filed by Brandon Dorsky on May 24, 2011 for breach of contract and other claims and the case was settled for an undisclosed amount in July 2011.