The owners behind the Members Only brand accused Drake of misleading customers by using his song title of the same name.
Drake’s “It’s All A Blur” tour is one of the most successful hip-hop treks ever, but it apparently also resulted in some headaches for the team. Moreover, JR Apparel -– the company behind the Members Only brand -– sued his Away From Home Touring company in New York on Tuesday (June 11), according to court documents reportedly obtained by AllHipHop and initial reports from Billboard. The owners of Members Only accused the Texas resident of unlawfully using “Members Only,” which is also the title of one of his For All The Dogs tracks, in a way that could confuse consumers and in which Live Nation and Away From Home failed to obtain the proper licensing.
“Away From Home sold, offered for sale and/or advertised a T-shirt bearing JR Apparel’s Members Only mark on the front of the t-shirt at Drake’s ‘It’s All A Blur Tour’ (the ‘Infringing T-shirt’), including in this judicial district,” JR Apparel’s attorneys expressed, accusing the Toronto superstar of trademark infringement, unfair competition, and trademark dilution. This followed a letter the company reportedly sent Live Nation on April 1 about the alleged infringement. “Between April 3, 2024, and June 6, 2024, JR Apparel and Away From Home attempted to resolve their differences amicably. However, [this achieved] no resolution,” the suit reads.
Drake’s Tour Merch Leads To Trademark Infringement Lawsuit
Drake’s Away from Home merch and production company is officially facing a trademark infringement lawsuit from the business behind the Members Only brand https://t.co/FvqFtEWBvX That business, JR Apparel World, submitted the straightforward complaint in NY federal court yesterday pic.twitter.com/KMHBgo3fUa
— Skyscraper (@SkyscraperUSA) June 13, 2024
“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 Live Nation and/or Drake license to use our client’s MEMBERS ONLY Marks in such a confusing manner, particularly on or in connection with apparel items,” it went on. “Away From Home’s damage and/or injury to JR Apparel is exacerbated by the fact that, upon information and belief, counterfeits, intentionally confusing imitations and/or materially different garments of the Infringing T-shirts are being sold, offered for sale and/or advertised on eBay.”
Furthermore, JR Apparel seeks damages for this alleged trademark infringement and other supposed issues. It specifically asked the court to ban the sale of more merch with “Members Only” on it on Drake’s behalf. This comes at an interesting time in which fans are making their own merch of his beef with Kendrick Lamar and others in the form of a casette tape. Perhaps this will inspire a new merchandising strategy, one that avoids further hiccups in the trademark realm.
