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Drake’s production company is facing a lawsuit from the apparel brand Members Only for allegedly selling tour merch that infringed the company’s trademarks.
The case, filed Tuesday (June 12) in New York federal court, claims that Drake’s company (Away From Home Touring Inc.) has been selling t-shirts, including on his recently-wrapped It’s All a Blur Tour, that are emblazoned with the words “Members Only.”
To be clear, the lawsuit doesn’t claim Drake is selling counterfeit Members Only jackets — the iconic 1980s fad the company made famous. Drake’s shirts feature that phrase (written in large script across the front) simply because it’s the name of a track on his 2023 album For All the Dogs.
But in its complaint filed in federal court, the current owner of the Members Only brand (JR Apparel World LLC) says it doesn’t matter why Drake’s company opted to put their name on a shirt — only that he did so.
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“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 company’s lawyers write.
Calling “Members Only” a “famous household name,” the lawsuit claims that Drake’s shirts are going to confuse fans into thinking the real Members Only brand is somehow involved: “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.”
Under U.S. trademark law, the context of how a brand name is used is crucial. Two companies can use the exact same name for different products and peacefully co-exist — think Delta Airlines and Delta Faucet, or Dove soap and Dove chocolate. But when used on the same types of products, a similar name can become trademark infringement.
In Drake’s case, his use of the “Members Only” name as a song title almost certainly would not have infringed JR Apparel World rights — both because they’re different products and because the First Amendment gives added protection to use trademarks in creative works like songs. But by using that same name on apparel, the lawsuit says, the legal calculus has changed.
“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,” the company’s attorneys write.
A rep for Drake did not immediately return a request for comment.
About four months ago, Maiden Voyage, an album of Iron Maiden radio recordings from the 1980s, popped up for sale on Coda Records’ website without the storied metal band’s permission. Andrew Wyllie, Iron Maiden’s head of business affairs, contacted the act’s labels, BMG and Warner Music, for help persuading the U.K. retailer to pull down the unauthorized album — with, he says, no success. His next call went to Corsearch.
The 75-year-old brand-protection company, which fights bootleggers using artificial intelligence, image-matching software and automated takedown notices on retail sites like Amazon, Etsy and eBay, quickly ended the sale of Maiden Voyage and social media ads for it and was “more effective in getting those records taken down than our record company,” Wyllie says. “They’ve definitely affected the bottom line.”
(A Coda rep says the store removed Maiden Voyage after hearing from Iron Maiden, the process was “very straightforward” and “we’re happy just to take stuff down if there’s a problem.”)
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For a long time, artists, managers, labels and merchandise companies have likened online bootleg sales to a game of Whac-A-Mole: When attorneys send cease-and-desist notices to unauthorized and knock-off merch retailers, the seller reemerges elsewhere. But in recent years, companies such as Corsearch and rival CounterFind have used more sophisticated methods to protect their music-business clients. They remove tens of thousands of online listings every month, hire regional attorneys to invoke the U.S. trademark statute known as the Lanham Act and prosecute violators.
“It’s scientific, it’s strategic and there are solutions,” says Eric Cohen, founder of TZU Strategies, which collaborates with Corsearch and claims to have removed 55,000 counterfeit listings on behalf of top music stars. Using “robust” technology, he says, “we are able to connect a large majority of the counterfeiters that are using multiple accounts selling on multiple platforms in multiple ways.”
Corsearch has 450 employees and 5,000 clients, including A-list artists and music companies. “We work with law enforcement we’ve had relationships with for 15 years,” vp of enforcement Joe Cherayath says.
Dallas-based CounterFind is more of a “boutique” company, says co-founder and head of business development Rachel Aronson. In 2017, the founders were working with Linkin Park when frontman Chester Bennington died and, as Aronson recalls, “An insane amount of counterfeit merch was popping up all over the place.” CounterFind removed “millions of dollars in counterfeit products from the market in one weekend,” she says.
Since then, CounterFind has expanded to 30 employees and works with Bravado, the merch company owned by Universal Music Group (UMG) that represents Ariana Grande, Billie Eilish and dozens of other artists. “The majority of these major counterfeiters are working from their couches overseas and they’re creating print-on-demand products,” Aronson says.
Music bootlegging and counterfeiting is big business. Last year, U.S. Border and Customs Protection seized nearly $2.8 billion in copyright-infringing goods shipped from countries like China, Turkey and Canada. Jeff Jampol, whose company, JAM Inc., manages the estates of The Doors, Janis Joplin and others, estimates these unauthorized sellers cost artists roughly $20,000 to $50,000 for every $1 million in yearly T-shirt sales. “It’s kind of endless,” says Rick Sales, longtime manager for Slayer, Ghost, Mastodon and others. “It’s like, ‘How long is a piece of string?’”
Bravado’s president, Matt Young, adds that Counterfind and Universal Music’s in-house intellectual-property-protection team have been “proactive” and UMG artists and managers appreciate the company’s reports showing all the takedowns they’ve achieved of unauthorized material online. But “it kind of still is like Whac-A-Mole,” he says: Amazon has been “great” at strengthening its protocols to fight against bootleggers, but “these marketplaces don’t really care where this business comes from,” and “if you Google any artists, the first several things you see would be pirated goods.”
Representatives for Corsearch and CounterFind disagree. Aronson describes a repeat offender who was “basically scraping and copying an artist’s entire merch site” using a website address with one letter removed from the official URL. After months of reporting the bootlegger through its multiple hosting providers, CounterFind employed the Lanham Act to permanently remove the site and domain. In April, Corsearch worked with police in China to raid warehouses belonging to alleged online counterfeiter Pandabuy and seized millions of packages about to be shipped to customers. “The key point,” Cherayath says, “is not to stop at cease-and-desist — that’s just one of the mechanisms in the enforcement strategy.”
In addition to scouring the internet for unauthorized merch sellers and providing data to the band about where counterfeiters are located, Corsearch helps Iron Maiden discern which t-shirt manufacturers are bootleg operations and which are harmless fans who design their own apparel for a few extra bucks. The Corsearch system also allows the band’s management to respond to fans’ tips and identify bootleggers and counterfeiters based on complaints — like the Facebook scammers who promise VIP tickets and backstage access with a $500 click.
“It’s the bane of my life. As soon as we announce a tour, the bootleggers online have already stolen the image from a tour poster and put it on a t-shirt in five minutes,” Wyllie says. “The Corsearch system almost pays for itself. You’re not having to use local attorneys and you’re getting to the root of the problem pretty quickly.”
A version of this story appears in the June 8, 2024, issue of Billboard.
Artists at country singer-songwriter Ashley McBryde’s level of popularity can sell $16,000 to $20,000 worth of T-shirts and hoodies when they play 1,500-capacity venues. Layne Weber, director of merchandising and fan engagement for McBryde’s management company, Q Prime, says some venues took a 20% to 25% cut of her merchandise sales during her spring tour — which is standard in the industry but, he says, exorbitant for services rendered at many clubs. “I went to a show the other night and the merch table was next to the bar,” Weber says. “The merch seller was having to compete with the bartender who’s trying to sell the drinks. That was a venue taking 20% of the sales.”
Weber’s complaints, which many artists and their representatives share, are at the center of a long-running live-industry debate over merch percentages. For decades, artists, venues and promoters have haggled behind the scenes over percentages as part of every show contract, but they contend the stakes are now much higher. “Ever since we’ve come back from COVID, the merch numbers have gone through the roof for all genres of music,” says Crom Tidwell, owner of Crom Tidwell Merchandising in Nashville. And with so much money at stake, artists want a larger percentage of their own profits.
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“Bands are getting ripped off,” says Barry Drinkwater, executive chairman of Global Merchandising Services, which handles merch for top metal acts such as Iron Maiden and Guns N’ Roses. He adds that the venue’s cut particularly hurts small acts, which tour on slimmer margins and often operate their own merch tables. “They need the money that gets them food, gets them to the next show,” he says. “Then the promoter wants to charge them 20% of the gross.”
Live Nation has expressed sympathy for this point of view. Last fall, trumpeting an endorsement from Willie Nelson, the world’s biggest concert promoter unveiled its On the Road Again program, which eliminates merch-selling fees for artists at its clubs and provides a per diem of $1,500 in gas and travel cash for artists, among other benefits. Earlier this year, Live Nation president/CEO Michael Rapino told Billboard that the program had “already helped support 3,000 developing artists,” and a statement that Live Nation issued on May 22 said, “We’re incredibly proud of how On the Road Again is supporting thousands of artists and their crews, with 100% merch profits, $1,500 cash nightly for gas and travel costs and more. Developing artists are the future of live music, and we’re proud to keep this program rolling strong.”
Complaints over merch fees are not limited to clubs, however. At arenas, stadiums and other large venues, in-house concessions staff take over merch sales, and the 20% to 25% cut goes largely to these services. And at least one venue takes an even bigger chunk. Drinkwater says New York’s Madison Square Garden (MSG) charges artists 30% of their merch sales, plus credit card fees. He also notes that percentages can be higher in the United Kingdom. (A representative for the Garden declined to comment.)
Whether artists are handling their own merch tables or relying on in-house staffers, managers say they’re often unsatisfied with the services they get, given the cost.
“I don’t feel they’re worth 25% of the revenue,” says Rick Sales, who manages Slayer, Ghost, Mastodon and others. “It’s not good value for the money spent.”
Venue reps counter that long before fans step into their buildings, they negotiate deals with artists, including merch percentages. Not surprisingly, those with leverage receive favorable terms. “Every live performance is a negotiation,” a concert-business source says. “The band doesn’t like the merch percentage, find somewhere else to play.” Venue consultant Brock Jones, the former GM of Nashville’s Bridgestone Arena, adds: “At the end of the day, venues have got to make money, too — electricity isn’t free, all that space isn’t free. Venues have to recoup those expenses. An 80/20 merch deal is absolutely fair when the venue is selling.”
Tidwell agrees that it’s a different story at arenas, which often are required to staff union employees at fixed salaries. “You’ve got to have a crew to facilitate the sales,” he says. “Somebody has to pay for the help.” But he also contends that artists complaining about high venue percentages in small venues have a point: “What are you doing for your 20%? You’re just providing a lobby and a table.”
Some small venues, still reeling from the pandemic, have expressed concern that Live Nation’s On the Road Again program might pressure them into following suit and giving up a crucial revenue source. “Temporary measures may appear to help artists in the short run but actually can squeeze out independent venues, which provide the lifeblood of many artists on thin margins,” the National Independent Venue Association said in a statement in September.
Arenas and stadiums are where the big merch money is. On her The Eras Tour last year, Taylor Swift made a reported $200 million on T-shirts and other goods sold at shows. In its 2023 financial report, Live Nation claimed “double-digit growth” in merch and concessions at the arenas it owns or operates, such as the Moody Center in Austin. Notably, the On the Road Again program does not apply to large venues. Drinkwater says the standard 20% to 25% cut applies and, like MSG, sometimes venues pass on credit card fees (usually 5%) to the artist. “We try with our artists to beat this down,” he says. “Sometimes we get a reduction if we can do big sales.”
All products and services featured are independently chosen by editors. However, Billboard may receive a commission on orders placed through its retail links, and the retailer may receive certain auditable data for accounting purposes.
Caitlin Clark has made her professional debut after being drafted to the Indiana Fever for the 2024 WNBA season. After dominating the court during her college career, everything from her basketball jersey to rookie card has become some of the most coveted pieces of basketball merch to own.
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The basketball star has been breaking records, with the most recent being her rookie card — specifically from her college career — becoming the most expensive women’s basketball card. In January, Clark’s 2022 Bowman University Superfractor Caitlin Clark Rookie Auto card sold for $78,000, surpassing the 2004 Ultra Platinum Medallion Diana Taurasi card that originally sold for $11,500, according to Bleacher Report. Now, she stands behind only Serena Williams on the all-time list of cards that sold for more than $244,000, as reported on X by The Collectibles Guru.
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Topps and Panini are official partners with the WNBA, creating collectible rookie cards — including for Clark — that you can find online. You don’t have to spend five figures to buy hers, though. Here are options on Amazon that start as low as $13, allowing you to add the star player to your collection without breaking the bank.
Where to Buy Caitlin Clark’s Rookie Card Online
To help you score Clark’s college and WNBA rookie cards, we’ve rounded up a few options below that you can buy online now.
2024 Panini Instant WNBA Draft #1 Caitlin Clark Indiana Fever RC
Amazon’s No. 1 bestseller for sports collectible single base trading cards is none other than Clark’s draft into the WNBA. The card is the first of her professional career, and features a photo of the player holding up her Indiana Fever jersey along with Panini’s logo in the top left corner to signify it’s an official item. The card has also already been purchased more than 600 times in the past month, according to the online retailer.
Caitlin Clark RC 2024 Bowman U NOW All-Time NCAA Scorer #61 Pre-Rookie Iowa Card
In terms of her college career, shoppers can’t get enough of Clark’s #61 rookie card, which captured when she broke Pete Maravich’s all-time NCAA scoring record. The collectable is manufactured by Topps and has earned a No. 1 bestselling label on Amazon for sports collectible single insert trading cards. As a bonus, it comes in a plastic protector.
2024 Topps Bowman Iowa Caitlin Clark Card #49 Breaks All-Time NCAAW Scoring Record
Clark’s 49th rookie card for her NCAA career was created by Topps, and spotlights another record-breaking moment in the basketball player’s time on the court: when she broke the all-time NCAA scoring record for the women’s league with 3,528 points, according to the product description. The card comes pre-wrapped in a plastic protector to help keep it pristine.
2024 Panini Instant WNBA Caitlin Clark #19 Rookie RC Basketball Card
Another spotlighting moment for Clark’s career is her #19 rookie card that shows a point-scoring moment during Indiana’s game against the New York Liberty. The card has been graded by PSA to guarantee authenticity and has been given GM (gem mint), which is the highest rating it can get, meaning it’s nearly flawless.
2023-24 Bowman University #74 Caitlin Clark Iowa Basketball Card With Magnetic Holder Mint
Her #74 rookie card highlights when Clark set the women’s record for the most points scored in a season. The card is created Topps and comes in a magnetic holder to keep it protected. While the front features a photo of the player, the back goes into detail about the historic moment.
Certified Mint+ Caitlin Clark 2023 Bowman University Now #48 3k Pts, 1k Asts Rookie Card Iowa Hawkeyes
The #48 rookie card was manufactured by Topps and is certified to arrive in mint condition or better, according to the brand. The card arrives in an air-tight holder that was customized for the card to protect it from water, drops, light and more.
Along with Clark’s debut into professional basketball, the WNBA also received attention for its recent collaboration with SKIMS (the official undergarments brand for the professional women’s basketball teams), which features pieces selected and loved by past, present and upcoming stars of the sport.
For more product recommendations, check out our roundups of the best running shorts, Nike sales and gym bags.
All products and services featured are independently chosen by editors. However, Billboard may receive a commission on orders placed through its retail links, and the retailer may receive certain auditable data for accounting purposes. Dua Lipa has started a new era of her career with the release of her latest studio album Radical Optimism, which […]
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Megan Thee Stallion is kicking off “Hot Girl Summer” for fans through an exclusive merch collection with Amazon Music that you can shop now.
The Amazon merch drop comes ahead of the rapper’s summer world tour. Just in case you’re not able to score travel deals to see the “Savage” rapper live in-person, the collaboration acts as a way for fans to stock up on tour merch without having to go to actual concert venues beforehand. Plus, if you do plan on attending one of the dates and don’t want to wait in long merch lines, then you can order now to save time. The apparel and accessories offered online will also be up for grabs in-person at the concert venues.
Everything from T-shirts, crewnecks and even travel accessories were designed with imagery inspired by the tour, which you can easily dress up with your go-to jeans and platform boots. For beachgoers, you can grab your swimsuit and lay out in the sun with a Megan Thee Stallion towel — also included in the exclusive collection.
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Keep reading to shop the Megan Thee Stallion x Amazon Music collection below.
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Megan Thee Stallion Merch Hot Girl Summer Tour 24 T-Shirt
Pick up this white T-shirt if you’re looking for a basic look that you can wear proudly year-round. The look is designed with a graphic of the rapper on the front with the tour written across the back. Since it’s made with 100% cotton it’s soft enough to keep you comfortable all day long.
Megan Thee Stallion Merch Hot Girl Summer Tour Shorts
These red tour shorts give off that lifeguard style with the red and white coloring as well as a stretchy elastic band for you to easily take the shorts on and off. The back also comes with “Hot Girl” written across to tell people exactly what kind of summer you’re channeling.
Megan Thee Stallion Official Merch Hot Girl Summer Tour Crewneck Sweatshirt
Get cozy in this fire red crewneck featuring a photo of Megan Thee Stallion on the back and her tour in small lettering on the front. It comes with a soft interior to help you remain comfortable and can act as a layering piece for when the temps drop.
Megan Thee Stallion Official Merch Hot Girl Summer Tour Tote Bag
Carry all of your must-haves while showing off your favorite rapper with this simple tote. It comes in a neutral cream canvas style with “Thee Hot Girl Summer Tour” written across the front.
Megan Thee Stallion Merch Hot Girl Summer Tour Hat
Keep your head covered from the sun in style with this trucker hat. It comes with a mesh side and back panelling for ventilation as well as a logo to show off the tour.
Megan Thee Stallion Official Merch Hot Girl Summer Tour Towel
Lounge on the beach with this Megan Thee Stallion-themed towel featuring a graphic of the rapper on a purple background. It’s made of a water-absorbent material that you can dry off with after a dip in the pool.
Megan is gearing up for her 2024 world tour, which you can still get tickets to online through Ticketmaster, StubHub, Vivid Seats (get $20 off orders of $200+ with code BB2024 at checkout) and Seat Geek (first purchases can score $10 off orders of $250+ with code BILLBOARD10).
The rapper’s tour officially kicks off on Tuesday (May 14) and will travel across the globe with the final show taking place July 27 in Washington D.C. Opening up her shows will be special guest GloRilla.
This also marks the expansion of Amazon Music’s collaborations with artists, with the site having previously partnered with Beyoncé for a Renaissance tour merch collection as well as exclusive Doja Cat Scarlet tour merch and a collection for Mariah Carey’s Las Vegas residency.
For more product recommendations, check out our roundups of the best travel necessities, festival gear and venue-approved bags.
All products and services featured are independently chosen by editors. However, Billboard may receive a commission on orders placed through its retail links, and the retailer may receive certain auditable data for accounting purposes. Mariah Carey’s Las Vegas residency kicked off on April 12 and whether or not you still need to get tickets to […]
Here are our favorite figurines, toys and collectibles inspired by the reality show, from official merch to fan-inspired accessories
All products and services featured are independently chosen by editors. However, Billboard may receive a commission on orders placed through its retail links, and the retailer may receive certain auditable data for accounting purposes. Justin Timberlake is making an unforgettable comeback after reuniting with his *NSYNC bandmates for a one-night only concert in Los Angeles […]
All products and services featured are independently chosen by editors. However, Billboard may receive a commission on orders placed through its retail links, and the retailer may receive certain auditable data for accounting purposes. Ryan Gosling may not have left the 2024 Oscars with a golden statue, but the actor stole the night during his […]