New Yorker FRANK TORRES is suing rockers Matchbox Twenty for using his image without permission on their smash-hit album YOURSELF OR SOMEONE LIKE YOU.

The portly guy was snapped wearing a flying helmet for the cover of the 1996 album, but insists he never authorised the group or the photographer to use his image.

In legal papers, obtained by US news show CELEBRITY JUSTICE, Torres claims the group "knowingly, intentionally and maliciously" put his picture on the cover, causing him "emotional distress."

Torres claims he was strolling down the street when he was asked by a snapper if he would pose for a picture.

His lawyer claims it has taken Torres all this time to file his suit because he only found out about the album in the past two years.