Reggaeton pioneer Don Omar filed a second lawsuit against DJ Envy’s associate Cesar Pina on Tuesday (December 19). According to court documents obtained by AllHipHop, Omar sued Pina for using the Puerto Rican artist’s name and image on a website connected to Pina’s house-flipping fraud.
“Defendant misappropriated plaintiff’s name, likeness, identity or persona for use on defendant’s website in order to promote defendant’s house flipping scheme,” Omar’s lawyers wrote. “Defendant is using plaintiff’s name, likeness, identity or persona for commercial purposes without his consent. The use … gives the false impression that plaintiff has endorsed defendant’s business, which he has not, and that plaintiff is a partner in his business, which he is not.”
Omar’s lawyers sent Pina a cease-and-desist letter on December 4. Attorneys threatened Pina with a lawsuit if he did not remove all references to Omar from the website.
“The association of [Omar’s] name with a website involved in criminal activities is per se defamatory and is causing irreparable harm to his reputation and standing in the community,” the letter read. “This is a serious matter that may necessitate further legal action, including claims of misappropriation, violation of the right to publicity, defamation, false light, fraud and number of applicable torts.”
It continued, “You are directed to immediately cease and desist from using [Omar’s] name and/or likeness and cease any reference to him as a ‘business partner’ in any manner from the website and/or through any other form of communication. If you fail to do so, we have been instructed to take immediate legal action against Mr. Pina and all those responsible.”
Omar’s lawyers said they still haven’t received a response from Pina. Attorneys noted Pina “appears to be continuing his unlawful Ponzi scheme and continues to use his website to promote that scheme with the unauthorized use of plaintiff’s name, image and likeness.”
Pina was arrested for running a multimillion-dollar Ponzi scheme in October. Last month, Omar sued Pina for allegedly scamming the reggaeton artist in a real estate deal.
Omar’s latest lawsuit accuses Pina of violation of the right to publicity, unauthorized publication of name or likeness and false endorsement. Omar is seeking $5 million in damages.
