Drake is facing yet another lawsuit, this time over merch designs featuring the “Members Only” slogan. The legal documents, obtained by Billboard, reveal that the Toronto-born rapper is being sued by JR Apparel World LLC, a New York-based clothing company that owns the iconic outerwear specialist Members Only. The lawsuit alleges that Drake’s company, Away From Home Touring Inc., has been selling Members Only-branded tees that violate the trademark rights of JR Apparel.
The complaint states that Away From Home’s use of “Members Only” is likely to cause confusion among consumers as to the origin of the infringing T-shirts. While “Members Only” is a track from Drake’s album “For All the Dogs,” the issue arose when the song title was used on apparel products, for which the Members Only brand is most known.
This lawsuit comes after Drake and 21 Savage settled another trademark lawsuit filed by Condé Nast over their joint project “Her Loss.” Condé Nast took issue with the rappers’ promotional stunts, specifically a faux Vogue issue featuring a Drake/21 Savage cover and parody ads. The original suit sought $4 million in damages, but the settlement amount was not disclosed.
As a creative company, Condé Nast expressed understanding that their brands may be referenced in other creative works. However, they felt that Drake and 21 Savage leveraged Vogue’s reputation for their own commercial gain, ultimately confusing audiences who trust Vogue as an authoritative voice on fashion and culture.