Drake's production company is facing a lawsuit from clothing brand Members Only for allegedly selling tour merchandise that infringed on the company's trademarks.
The suit, filed Tuesday (June 12) in New York federal court, alleges that Drake's company (Away From Home Touring Inc.) sold T-shirts, including from his recently wrapped It's All a Blur tour, that are emblazoned with with the words “Members Only”.
To be clear, the lawsuit does not allege that Drake is selling counterfeit Members Only jackets — the iconic 1980s fashion that the company made famous. Drake's shirts include this phrase (written in large script on the front) simply because it's the name of a track on his 2023 album For all dogs.
But in the complaint filed in federal court, the current owner of the Members Only brand (JR Apparel World LLC) says it doesn't matter why Drake's company chose to put its name on a shirt — only that it did.
“The fact that 'Members Only' is a song on Drake's album 'For All the Dogs' does not eliminate the possibility of confusion or [him] license to use our client's 'Members Only' marks in such a confusing manner, particularly on or in connection with articles of clothing,” the company's lawyers write.
Calling “Members Only” a “famous household name,” the lawsuit claims Drake's shirts will confuse fans into thinking the actual Members Only brand is somehow involved: “Away From Home the use of 'Members Only.' .. is likely to cause confusion, error and deception among consumers as to the origin of the infringing Away From Home T-shirts.”
Under US trademark law, the context of how a brand is used is crucial. Two companies can use the exact same name for different products and coexist peacefully — think Delta Airlines and Delta Faucet, or Dove soap and Dove chocolate. But when used on the same types of products, a similar name can become trademark infringement.
In Drake's case, using the name “Members Only” as a song title would almost certainly not infringe on JR Apparel World's rights — both because they are different products and because the First Amendment provides additional protection to the use of trademarks in creative works such as SONGS. But by using the same name on clothing, the lawsuit says, the legal calculus has changed.
“The home sells … goods bearing the “Members Only'' mark that are identical, overlapping, and/or very similar to the products JR Apparel sells bearing its MEMBERS ONLY Marks,” the company's lawyers write.
A representative for Drake did not immediately return a request for comment.
from our partners at https://www.billboard.com/pro/drake-members-only-tour-merch-violates-trademarks-lawsuit/