Fashion Brand, Members Only, have entered into legal proceedings against Canadian rapper and singer, Drake, on the grounds of trademark infringement.
Members Only, which is owned by JR Apparel World, is an American fashion brand best known for its 1980s jackets. JR Apparel World are the owners of the ‘MEMBERS ONLY’ trade mark for use on clothing, and utilise this mark consistently across their products.
However, in April 2024 Drake released a line of merchandise which included t-shirts featuring the slogan ‘Members Only’. Drake’s merchandise refers to the song ‘Members Only’, which features on the rapper’s 2023 Album ‘For All the Dogs’.
JR Apparel World recognise the reasoning behind Drake’s use of the slogan however, they argue that “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 iconic clothing company entered into legal proceedings against Drake in the New York Federal Court on 11 June 2024 on the basis that the rapper’s merchandise infringed their ‘MEMBERS ONLY’ trade mark rights.
It is to be seen in whose favour the court will decide.
If you have any questions on the above, feel free to contact a member of the team at 0191 281 4000 or alternatively at legal@mcdanielslaw.com.
