Drake’s touring company, Away From Home Touring Inc., is facing a trademark infringement lawsuit from the iconic apparel brand Members Only. The lawsuit, filed on June 11 in a New York federal court, alleges that merchandise sold during Drake’s “It’s All a Blur Tour” infringes on Members Only’s trademarks.
Members Only, a brand that gained fame in the 1980s, is not accusing Drake of selling counterfeit merchandise. Instead, the brand claims that the T-shirts sold during the tour prominently feature the phrase “Members Only” in large script, which is a trademarked term. The current owner of the Members Only brand, JR Apparel World LLC, argues that the use of this phrase on Drake’s merchandise is likely to cause confusion among consumers.
The complaint states that although the “Members Only” insignia on the T-shirts refers to a song on Drake’s latest album, “For All the Dogs,” this does not eliminate the likelihood of confusion. JR Apparel World LLC asserts that neither Live Nation, which backed the tour, nor Drake had the license to use the Members Only trademark in such a manner, especially on apparel items.
The lawsuit claims that Drake’s shirts could mislead fans into believing that the real Members Only brand is somehow associated with the merchandise, causing confusion in the marketplace. JR Apparel World LLC has attempted to resolve the issue amicably with Away From Home Touring Inc. between April 3, 2024, and June 6, 2024, but these efforts were unsuccessful. The company is now demanding the destruction of all infringing T-shirts in Away From Home’s possession and a full accounting of all profits generated from their sale.
Drake’s team has not yet commented on the lawsuit.
Drake’s “It’s All a Blur Tour” has been a significant success, with the artist earning an impressive $472.9 million from over 300 tour shows, attended by 3.9 million fans. Last year alone, the tour sold nearly 400,000 tickets and generated over $105 million in revenue.
The lawsuit highlights the importance of trademark law in the context of brand names and their usage. Under U.S. trademark law, the context in which a brand name is used is crucial. Two companies can use the same name for different products without issue, but when used on similar products, it can lead to trademark infringement.
In this case, Drake’s use of the “Members Only” name as a song title would likely not have infringed on JR Apparel World’s rights. However, using the same name on apparel changes the legal situation. The lawsuit argues that Away From Home sold goods bearing the “Members Only” mark that are identical or highly similar to the goods sold by JR Apparel World, leading to potential consumer confusion.
JR Apparel World claims that the Members Only brand is a “famous household name” and that Drake’s shirts could mislead fans into thinking there is a connection between the two brands. The company argues that the fact that “Members Only” is a song on Drake’s album does not eliminate the likelihood of confusion or give Drake the license to use the trademark in such a confusing manner.
The lawsuit also notes that JR Apparel World first tried to settle the dispute with Drake’s company in April, but no settlement was reached by June 6. As a result, the company is now seeking damages and a court order to stop Drake from selling the infringing T-shirts.
The Members Only brand, known for its iconic jackets, has been popularized by various entertainers and celebrities over the years, including Frank Sinatra and Drake himself. The brand’s current owner, JR Apparel World, purchased Members Only in 2012 and claims that the brand has made a significant commercial impact since its founding in 1975.
The lawsuit alleges that the sale of the infringing T-shirts during Drake’s tour has caused “irreparable damage” to the Members Only brand. The company is also concerned about the potential sale of these T-shirts during the tour’s European leg and the sale of counterfeit items online.
In addition to seeking damages, the lawsuit calls for Drake’s company to deliver all infringing T-shirts to JR Apparel World for destruction. The case highlights the ongoing challenges that brands face in protecting their trademarks and the potential legal consequences of unauthorized use.
As the legal battle unfolds, it remains to be seen how Drake’s team will respond to the allegations and what impact this lawsuit will have on the artist’s merchandise and future tours.
