Drake is embroiled in a new legal battle, with allegations that his recent tour merchandise infringes on the trademark of the 1980s iconic apparel brand, Members Only. According to Billboard, JR Apparel World LLC, the current owner of Members Only, has filed a lawsuit against Drake and his company, Away From Home Touring Inc. The dispute centers around tour t-shirts that bear the phrase "Members Only," which is also the title of a song on Drake's 2023 album For All The Dogs. This lawsuit is just one of several legal challenges the rapper has faced recently, as he continues to navigate the complex landscape of intellectual property and artistic expression.
The Legal Claims
The lawsuit claims that Drake’s use of "Members Only" on his tour t-shirts is a trademark infringement. JR Apparel World LLC argues that the phrase "Members Only" is a registered trademark specifically for clothing, which they revived over the last decade. The fact that "Members Only" is a song title on Drake's latest album does not grant him the right to use the phrase on merchandise. The lawsuit, Billboard cites, states, "The fact that ‘Members Only’ is a song on Drake’s album For All The Dogs does not obviate the likelihood of confusion or give [him] a license to use our client’s ‘Members Only’ marks in such a confusing manner, particularly on or in connection with apparel items.”
Trademark Confusion
Members Only is best known for its distinctive racer jackets, which were a fashion staple in the 1980s. Despite the design differences between the original Members Only jackets and Drake's t-shirts, the lawsuit emphasizes the potential for consumer confusion. It asserts, "Away From Home’s use of ‘Members Only’ … is likely to cause confusion, mistake, and deception among consumers as to the origin of Away From Home’s infringing T-shirts." The owners of the Members Only trademark are particularly concerned about the dilution of their brand identity and the potential misleading of consumers into believing that there is an association between their brand and Drake’s merchandise.
A Brief History Of Members Only
Europe Craft Imports established Members Only in 1975 and became a household name in the 1980s, thanks to its popular jackets. These jackets featured narrow epaulettes, knitted trim, and a logo tag on the chest pocket, becoming a symbol of 80s fashion. The brand's slogan, "When you put it on, something happens," further cemented its place in pop culture. After a period of decline, JR Apparel World LLC revitalized the brand in recent years, maintaining its retro appeal while expanding its product line.
Drake's Legal Troubles
This lawsuit adds to a series of legal challenges Drake has faced in recent months. The rapper was previously dismissed from lawsuits related to the Astroworld disaster and settled a suit over a fake Vogue cover used to promote his album Her Loss. Additionally, Drake removed the AI-assisted track "Taylor Made Freestyle" following legal threats from Tupac Shakur’s estate.
The Road Ahead
As the lawsuit progresses, it will likely explore the nuances of trademark law and the balance between artistic freedom and intellectual property rights. For Drake, he faces yet another hurdle in his career and perhaps, it resolves itself sooner rather than later. Nonetheless, the Canadian star has fans anticipating his two new features on Camila Cabello’s forthcoming album, due out later this month.
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