Drake finds himself embroiled in yet another legal battle, this time over alleged trademark infringement related to his merchandise designs featuring the slogan “Members Only.”
According to legal documents obtained by Billboard, New York-based clothing company JR Apparel World LLC, owner of the iconic Members Only brand, has filed a lawsuit against Drake’s company, Away From Home Touring Inc.
The lawsuit claims that Drake’s merchandise includes T-shirts bearing the “Members Only” mark, which allegedly infringes on JR Apparel’s trademark rights.
The complaint asserts that while Away From Home Touring Inc. has not been accused of selling knockoffs of Members Only outerwear, its use of the “Members Only” mark on T-shirts is likely to cause confusion among consumers.
The lawsuit contends that such use creates the impression that Away From Home’s merchandise is affiliated with or endorsed by the Members Only brand.
“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 lawsuit states.
It further alleges that these T-shirts are “identical, overlapping, and/or highly similar” to JR Apparel’s own Members Only-branded products.
While the song “Members Only” appears on Drake’s 2023 album For All the Dogs, the lawsuit clarifies that using this song title on apparel products crosses trademark boundaries. Billboard notes that creative works like songs are protected under the First Amendment but using such titles on merchandise may lead to confusion in the marketplace.
The legal action against Drake comes after a previous trademark dispute settled between the rapper and Condé Nast, involving promotional materials for his collaborative project with 21 Savage, Her Loss. Condé Nast objected to a faux Vogue issue featuring Drake and 21 Savage on the cover, which included parody advertisements.
In response to the settlement of that lawsuit, Condé Nast’s general counsel, Will Bowes, emphasized the importance of respecting trademark rights even in creative endeavors. The settlement terms were not disclosed, but the initial lawsuit sought $4 million in damages.
Drake’s legal team has not yet publicly commented on the latest lawsuit involving the “Members Only” merchandise designs.
