Drake has another lawsuit on his hands.
According to legal documents obtained by Billboard, the Toronto-born rapper is being sued over merch designs emblazoned with the “Members Only” slogan. The plaintiff is listed as JR Apparel World LLC, a New York-based clothing company that owns the iconic outerwear specialist Members Only.
While JR Apparel doesn’t accuse Drake of selling Members Only knockoffs, it points out that his company, Away From Home Touring Inc., has been selling Members Only-branded tees that violate its trademark rights.
“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 complaint reads in part. “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.”
“Members Only” is a standout track from Drake’s 2023 album For All the Dogs. As Billboard points out, the song title doesn’t violate trademark law, as songs and other creative works receive extra protection under the First Amendment. However, issues arose when Drake and his team used the song title on apparel products, which the Members Only brand is most known for.
“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,” the lawsuit reads.
The suit comes more than a year after Drake and 21 Savage settled another trademark lawsuit filed by Condé Nast. The publishing giant took issue with the rappers’ promotional stunts for their joint project Her Loss, specifically a faux Vogue issue featuring a Drake/21 cover and parody ads throughout.
“As a creative company, we of course understand our brands may from time to time be referenced in other creative works,” Condé Nast general counsel Will Bowes wrote after the settlement. “In this instance, however, it was clear to us that Drake and 21 Savage leveraged Vogue’s reputation for their own commercial purposes and, in the process, confused audiences who trust Vogue as the authoritative voice on fashion and culture.”
The original suit sought $4 million in damages; however, the settlement amount was not revealed.
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