Drake is facing legal trouble over his merchandise. Billboard revealed that fashion brand Members Only has filed a lawsuit against Drake’s company, Away From Home Touring Inc., in New York federal court, alleging trademark infringement.
The dispute centers around Drake selling merchandise online and during his It’s All a Blur Tour with the phrase “Members Only” prominently displayed. While the Canadian superstar isn’t accused of selling counterfeit products, the conflict arises because “Members Only” is also the title of a song from his 2023 album, For All The Dogs.
Members Only, currently owned by JR Apparel World LLC, asserts that using the phrase on Drake’s merchandise could cause significant consumer confusion. The brand argues that despite “Members Only” being a song on Drake’s album, it does not grant him the right to use its trademarked name on apparel, especially in a way that could mislead customers about the origin of the products.
According to the lawsuit, Away From Home’s “Members Only” use will likely cause confusion, mistake, and deception among consumers. The fashion company claims that Drake’s merchandise resembles their established products, which have been on the market for decades.
The complaint emphasizes that Members Only is a well-known brand, and Drake’s name on his merchandise unfairly capitalizes on their longstanding reputation. The brand’s legal team insists that the rapper’s products will likely mislead consumers into thinking they are affiliated with or endorsed by Members Only.
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Members Only’s attorneys have outlined the issue in detail, noting that the context of the trademark’s use is critical under United States trademark law. While the song title “Members Only” does not directly conflict with the brand, the same cannot be said for apparel items featuring the name.
Drake, who is 37 years old, has not publicly commented on the lawsuit. As the case unfolds, it will highlight the complexities of trademark law, especially when it intersects with celebrity merchandise.
