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© AP Photo/Dennis SystemMike Huckabee standing with Kim Davis as Survivor’s song “Eye of the Tiger” played in the background
The band Survivor has filed a $1.2 million lawsuit against Kim Davis and Mike Huckabee over the unauthorized use of its hit song "Eye of the Tiger."

Davis, the Kentucky clerk who was jailed after refusing to issue marriage licenses to same-sex couples, was released Tuesday morning, after serving six days in prison, to the sound of Survivor's classic song "Eye of the Tiger." The song played in the background as she, her husband, and Mike Huckabee celebrated her freedom in front of thousands of supporters.

Survivor issued a statement on their Facebook page yesterday stating:

"NO! We did not grant Kim Davis any rights to use 'My Tune -The Eye Of The Tiger.' I would not grant her the rights to use Charmin! C'mom Mike, you are not The Donald but you can do better than that -See Ya really SoooooooonnnnnnN!!!!!!"

Speaking with Billboard, band co-founder Jim Peterik said he was also not pleased with the unauthorized use of the song.

"The song has motivated thousands through the years to reach beyond their limits. Its use for the release of Kim Davis does not support my views or my politics."

Though the million dollar question is: Does Survivor have a chance winning the case?

NBC News spoke with Harvard Law Professor, Paul Horner, who believes Survivor has a strong case.

"Mike Huckabee and Kim Davis had no permission to use the song, bottom line," Horner said. "This whole incident is in the national public spot light right now, and Huckabee is running for president; he should have known better."

Survivor released Eye of the Tiger in 1982, and it was featured in Rocky III with Sylvester Stallone that same year.