Legal action is being pursued against Drake for featuring a phrase on his merchandise that coincides with the name of an existing apparel brand.
Billboard reported on Tuesday (June 12) that Members Only, a fashion company, has filed a lawsuit against Drake’s company, Away From Home Touring Inc., in New York federal court for allegedly infringing on their trademarks.
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The lawsuit revolves around the Canadian rapper selling merchandise both online and at his It’s All a Blur Tour that bears the phrase “Members Only.” It is worth mentioning that he is not being accused of selling counterfeit goods, as the phrase in question is also the title of a song featured on the For All The Dogs album released last year.
Up to this juncture, the owners of the brand, JR Apparel World LLC, have contended that the presence of the song “Members Only” on Drake’s album “For All the Dogs” does not eliminate the possibility of confusion or grant him permission to utilize their “Members Only” trademarks in a perplexing fashion, especially in relation to apparel products.
“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 lawsuit continues.
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“Away From Home sold … goods bearing the mark ‘Members Only’ that are identical, overlapping, and/or highly similar to the goods that JR Apparel sells bearing its MEMBERS ONLY Marks,” the company’s attorneys write.”
The interpretation of the phrase’s usage is crucial under United States trademark law.
While Drake’s choice to release a song titled “Members Only” does not necessarily cause confusion with the company of the same name, the sale of merchandise bearing those words does, as Members Only has been selling such items for many years.
Members Only asserts that Drake’s products are exploiting and distorting its reputation as a well-known household name.
