Drake is embroiled in a legal battle with JR Apparel World LLC, the current owner of the iconic Eighties brand Members Only. The lawsuit, filed in New York federal court, accuses the rapper and his company, Away From Home Touring Inc., of trademark infringement. The dispute centers around tour t-shirts emblazoned with the words “Members Only,” which is also the title of a track on Drake’s 2023 album, “For All the Dogs.”
JR Apparel World LLC, which revived the Members Only brand over the past decade, claims that Drake’s use of the phrase on his merchandise is likely to cause confusion among consumers. The company argues that the similarity between Drake’s tour shirts and their own products could lead to mistakes and deception regarding the origin of the apparel.
“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 states.
Members Only gained fame in the Eighties for their racer jackets, and while Drake’s use of the phrase appears on t-shirts with a different font, JR Apparel World LLC insists that the potential for consumer confusion remains high. The company owns the trademark for clothing bearing the “Members Only” mark and believes that Drake’s merchandise infringes on their rights.
This lawsuit is the latest in a series of legal challenges faced by Drake. Recently, he was dismissed from lawsuits related to the Astroworld disaster and settled another case involving a fake Vogue cover used to promote his album “Her Loss.” Additionally, Drake removed his AI-assisted track “Taylor Made Freestyle” following legal threats from Tupac Shakur’s estate.
In April, Drake concluded his “It’s All A Blur” tour with 21 Savage, during which the controversial t-shirts were sold. JR Apparel World LLC initially attempted to resolve the issue amicably, sending a letter to Live Nation on April 1. However, negotiations between the parties failed to yield a resolution, prompting the company to file the lawsuit.
JR Apparel World LLC’s legal team argues that Drake’s t-shirts are “identical, overlapping and/or highly similar” to their own products, which could mislead consumers into believing there is a connection between the rapper and the Members Only brand. Despite the differences in font and design, the company maintains that the potential for confusion is significant.
Drake’s fans, who purchase the t-shirts at his shows, are likely aware that the phrase “Members Only” references a track from his latest album. However, JR Apparel World LLC contends that this does not mitigate the likelihood of confusion or grant Drake the right to use their trademark in such a manner.
The lawsuit seeks both damages and a court order to prevent Drake from selling any more merchandise featuring the “Members Only” mark. JR Apparel World LLC also pointed to eBay listings as evidence of the harm caused by Drake’s actions, noting that counterfeit and confusingly similar garments are being sold on the platform.
In their complaint, JR Apparel World LLC accuses Drake of trademark infringement, unfair competition, and trademark dilution. The company is determined to protect its brand and prevent any further damage caused by the rapper’s tour merchandise.
As the legal battle unfolds, it remains to be seen how the court will rule on the matter. For now, Drake and his company Away From Home Touring Inc. must navigate the complexities of trademark law and the potential consequences of their actions.
