Lawsuit
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The team at Ralph Lauren has some explaining to do. George Gervin is suing the brand over unauthorized use of his likeness.
As spotted on Nice Kicks the basketball legend has filed a lawsuit against the apparel and home goods company. According to Bloomberg Law he is seeking compensation over what deems to be a clear and cut case of exploitation of his likeness. The Polo Ralph Lauren marque is selling a sneaker called the “Gervin Mid”. Not only does it use his name but the shoe bears a striking resemblance to the Nike’s Blazer Mid Vintage 77 sneaker which he was the first to debut in an NBA game.
According to the paperwork he was alerted about the Ralph Lauren release by a friend who saw the high-top and sent him a text congratulations. Gervin and his legal team then sent a cease and desist letter and followed up with a formal lawsuit. “I have worked hard throughout my career to build my name and reputation, and I will not allow any company to exploit it without my permission” Gervin said in a formal statement about the matter. “I am taking legal action to protect my rights and ensure that consumers are not misled”. Counsel for Ralph Lauren says that this is all a coincidence and they named their sneaker the “Gervin Mid” because it “sounded good”.
Nicknamed “the Iceman”, is an American former professional basketball player who played in both the American Basketball Association (ABA) and National Basketball Association (NBA) for the Virginia Squires, San Antonio Spurs, and Chicago Bulls. Gervin averaged at least 14 points per game in all 14 of his ABA and NBA seasons, and finished with an NBA career average of 26.2 points per game. In 1996, Gervin was named as one of the 50 Greatest Players in NBA History, and in 2021, Gervin was named as one of the 75 greatest players in NBA history.
You can see a comparison of both models below.
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Nike continues to fiercely protect their trademark. The Swoosh is suing Lululemon for infringement for a second time.
As spotted on Hypebeast the Beaverton, Oregon-based brand believes the Athleisure imprint has repurposed their signature Flyknit technology for their own sneaker releases. The shoes in question include the Blissfeel, Strongfeel, Chargefeel Low and Chargefeel Low. According to Lulu’s website the Blissfeel, a runner exclusively for women, boasts that their “Comfort-focused upper moves like a supportive extension of your foot.” Nike claims its three patents at issue concern textile and other elements, including one addressing how the footwear will perform when force is applied; specifically “fabric that fits like a sock”.
A representative from Lululemon says “Nike’s claims are unjustified, and we look forward to proving our case in court” in a statement to Business Insider.
This is not the first time Nike has taken umbrage with Lulu. Back in January of 2022 they sued Lulu over their newly acquired Mirror Home Gym claiming they infringed on six Nike patents including determining a user’s exertion through sensory data and Mirror’s “Face Off” feature which allows users to compete against each other in workouts. Lululemon purchased Mirror Home Gym back in July 2020 for an estimated $435 million dollars. Recently Nike filed legal complaints against BAPE whose signature BAPESTA sneaker is a clone of the iconic Air Force 1.
Photo: Lululemon
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Yung Gravy should be enjoying the fruits of his virtual track “Betty (Get Money)” that’s all the rage on social media. However, the Rochester, Minn. rapper is facing a lawsuit from 1980s hitmaker Rick Astley for an unauthorized imitation of the British singer’s voice.
Deadline reports that Yung Gravy, 26, sampled Astley’s “Never Gonna Give You Up” track from 1987. According to the suit, Astley, 56, approved the sample of the original but did not authorize Gravy to hire a performer to imitate his voice.
The suit was filed in Los Angeles and states that only the instrumentals to “Never Gonna Give You Up” were licensed and that Astley’s voice was a “resource that needs to be carefully managed.”
The outlet obtained the legal filing which cites Yung Gravy and producer Dillion Francis “conspired to include a deliberate and nearly indistinguishable imitation of Mr. Astley’s voice throughout the song.”
Also named in the lawsuit is Nick Seeley, better known as Popnick, who performed the vocal impersonation.
According to Astley’s filing, the impersonation upended a future collaboration with another artist who wanted to use Astley’s vocals.
Yung Gravy has not made a public response to the lawsuit.
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It is only a couple of weeks into 2023 and Flo Rida is already up big. He was awarded 82 million dollars in a lawsuit against Celsius Energy Drink.
As spotted on Complex a Florida court sided with the rapper in a breach of contract lawsuit. Back in 2014 the Mail On Sunday talent signed an endorsement deal with the beverage company with a goal to “globally market and promote all aspects of the Celsius brand.”. It seems Celsius was pleased with his performance as they renewed the contract in 2016. Things seemed to go left when the “Low” MC felt that the brand had not held their part of the bargain with regards to payment and stock options.
In 2021 he filed a lawsuit against the company seeking $30,000 in damages. His lawyer John Uustal detailed the nature of the suit in a statement to The Associated Press. “He loved the product, and it’s been a very successful four-year relationship,” Uustal stated. “There were some benchmarks. He was supposed to get stock when certain things happened. And there became a dispute about whether those benchmarks had been reached. So that’s what this was about.”
Ultimately a jury at the Broward County courtroom agreed with Flo Rida and the judge awarded him $82.6 million dollars on Wednesday, January 18. In an interview with the Law & Crime Network the rapper explained that the legal battle was about the money but principle of holding the beverage company accountable for their promises. “It’s about my passion,” he explained. “It’s about my team. It’s about my dedication. It’s about something that I started years ago and just to see it come full fledged like this–I hate for it to be this way.”
You can see Flo Rida and his team discuss the victory below.
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The war over horizontal lines has officially commenced. The trademark infringement trial between adidas and Thom Browne is underway.
As per Hypebeast, the two apparel companies will fight it out over who can rightfully use stripes throughout the product universe. This week, the two labels presented their opening arguments in Manhattan’s Southern District Court.
Back in June 2021 the sneaker brand served the Allentown, Pennsylvania native and his team with a lawsuit claiming that their four stripe motifs are “confusingly similar iterations” of the adidas marks. In the original complaint, adidas says their signature three-stripe trademark, which is synonymous with their most iconic footwear releases, signify the “quality and reputation” of their company.
Thom Browne responded to the filing with their own countersuit saying the two brands play in “entirely separate markets, at vastly different price points, and are not competitors.” Additionally, Rodrigo Bazan, Browne’s CEO, further detailed their stance in an exclusive interview with WWD. “We believe we are right and we are confident in the outcome of the case, as we have acted honorably for all this time. They [Adidas] consented for 12 years and now they are changing their mind,” he said. His latter comment points to when the two labels put their differences aside and agreed to act in “good faith.”
adidas is seeking $867,225 in damages as well as more than seven million in what they estimated Thom Browne in profiting from selling pieces with similar stripes. Previously adidas has sued Payless Shoesource, Skechers, Forever 21, Nike and Tesla for similar infringement.
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Cardi B continues to win in court. Her original not guilty verdict from a lawsuit stemming from her mixtape cover is being upheld by a federal judge.
As per Digital Music News the Bronx, New York native got some more good news right before the close of 2022. Back in October a jury sided with Cardi B regarding a copyright infringement matter where a man claimed his back tattoo was used without permission for the cover of Gangsta Bitch Music, Vol. 1. The project in question features a man with a very unique tattoo on his back with his head in between Bardi’s legs. Kevin Brophy Jr. says that the ink is actually his and the similarity caused him great distress therefore staining his reputation.
His legal team requested the verdict be overturned, via Rule 50, but Judge Cormac J. Carney has denied it thus upholding the original not guilty verdict. “Brophy does not claim that he in fact made a Rule 50(a) motion before the case was submitted to the jury,” the court documents read.
“Rather, he points to instances when the parties and the Court discussed the best process for making such a motion and argues that the instances either amounted to a stipulation allowing each party to make a motion after the verdict or otherwise preserved a party’s right to make one then. But that is not the case.” Carney concludes the response with a very clear dismissal saying “It is not for this Court to second-guess the verdict now.”
Photo: Bernard Smalls
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The rapper formerly known as Kanye West is AWOL, sort of. Ye’s ex-business manager is claiming he is unable to find the rapper, in order to serve a lawsuit against his MAGA-loving former client.
Apparently, rumors of Yeezy’s alleged disappearance kicked off due to a tweet, of course.
According to the Sun, Thomas St. John, can’t find Yeezy to serve him with a $4.5 million contract lawsuit, per court documents.
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The “ex-business manager” is believed to be Thomas St John, given his ongoing lawsuit against Kanye West and his company, Yeezy.
In the December 19, 2022, court filing exclusively obtained by The U.S. Sun, Thomas is seeking an extension of time to serve Ye and the other defendant, Yeezy LLC, the court docs.
He and his attorneys are asking to extend the time until the end of March due to multiple failed attempts to contact Ye.
St. John also claims he’s having difficulty contact Ye’s legal team because it looks like the “Power” rapper may not actually have one, at the moment.
The real tea may be that St. John was allegedly hired by West to handle his money.
Per the Sun:
According to court docs, Thomas filed the lawsuit because he wasn’t paid for the 18-month guaranteed term working as Ye’s senior financial advisor and Chief Financial Officer.
He was supposed to get paid $300K per month but only ended up working three months, which he allegedly did not receive payments for, court docs claim.
In a January 2022 meeting, detailed in the complaint, Thomas mentioned that the Praise God singer allegedly became “heated and aggressive” and “screamed” at Mr. St John, saying he didn’t want to work with him anymore.
The lawsuit claimed: “When confronted by the 18-month commitment that had just been made, Mr. West stated words to the effect of ‘The 18-month term was bulls**t’ and ‘You’re insane for even thinking I would stick to it.’”
Sounds about on brand.
Nearly a year after Ultra Records founder Patrick Moxey sold his 50% share of the lauded dance imprint to Sony Music, the executive is being sued by the major label over his continued use of the “Ultra” trademark.
When Moxey sold his remaining stake in Ultra Records this past January, it marked a turning point in dance music history — giving Sony full control of the label it had previously held a 50% stake in. While Moxey parted ways with the imprint he founded in 1995, he held on to his other company, Ultra International Music Publishing, LLC. But in a complaint filed last month in New York, Sony Music argues he has no legal rights to use the “Ultra” name following the sale.
“Notwithstanding that Moxey received a substantial payment as part of the buyout, after which he ceased to have any involvement in the business of Ultra Records, he has sought to perpetuate the falsehood that he remains involved with Ultra Records by wrongfully continuing to use Ultra Records’ ULTRA trademark as part of his music publishing business,” reads the complaint, which was filed Nov. 11.
The complaint continues that under the terms of a 2012 agreement that marked Sony’s acquisition of 50% of Ultra Records, “Ultra International Music Publishing and its affiliates were only permitted to use the word ‘Ultra; under license from Ultra Records. That license was terminated by Ultra Records following the buyout, effective March 29, 2022.”
The complaint goes on to state that Ultra Publishing’s continued use of the name is in violation of the Ultra Records trademark, noting that “No written license agreement was ever executed between Ultra Records and Ultra International Music Publishing concerning the latter’s use of the ULTRA trademark.”
In a statement provided to Billboard, Sony Music states that “Patrick Moxey sold Ultra Records and the Ultra brand to Sony Music Entertainment in exchange for a substantial buyout payment, and now is perpetuating the falsehood that he remains affiliated with his former company by continuing to use the Ultra name in connection with the publishing operations he controls. These actions knowingly misrepresent his involvement with Ultra and are in clear violation of the trademark rights SME acquired in a mutually agreed upon transaction.”
While a representative for Moxey did not immediately return a request for comment, in a statement given to Music Business Worldwide, he claimed that Sony has “done nothing but bully me from the day I sold them my record company. Ultra International Music Publishing has been an independent standalone business for over 20 years, which publishes songs co-written with Drake, Post Malone, Ed Sheeran, 21 Savage, Rihanna, Future, Kygo and many more.
“The vast majority of our songs are not on Ultra Records or Sony [Music],” Moxey continued. “I have made it abundantly clear on numerous occasions in media interviews that Ultra International Music Publishing is completely separate from Ultra Records, and always has been. I have every right to use the name ‘Ultra’ in connection with Ultra International Music Publishing, and won’t be intimidated by a massive global corporation.”
After leaving Ultra Records, Moxey announced a new dance label venture, Helix Records, which has since released music from Snakehips, Willy William and Two Friends. The imprint is a division of Moxey’s longstanding hip-hop label, Payday Records. Both labels are distributed by Warner Recorded Music’s indie services arm ADA Worldwide.