JR Apparel, the owner of the Members Only brand, filed a lawsuit against Drake’s company Away From Home Touring in New York on Tuesday (June 11). According to court documents obtained by AllHipHop, JR Apparel sued the OVO star for using the phrase “Members Only” on his tour merchandise. Billboard was the first to report on the case.
“Away From Home sold, offered for sale and/or advertised a t-shirt bearing JR Apparel’s MEMBERS ONLY mark on the front of the t-shirt at Drake’s ‘It’s All A Blur Tour’ (the ‘Infringing T-shirt’), including in this judicial district,” JR Apparel’s lawyers wrote.
JR Apparel accused Drake of trademark infringement, unfair competition and trademark dilution. The company sent a letter to Live Nation about the infringing t-shirts on April 1.
“Between April 3, 2024, and June 6, 2024, JR Apparel and Away From Home attempted to resolve their differences amicably,” the lawsuit noted. “However, no resolution was achieved.”
Drake released a track titled “Members Only” in 2023. JR Apparel claimed he created confusion by putting the song’s title on his tour merch.
“JR Apparel also asserted in the April 1st Letter 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 Live Nation and/or Drake 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 argued.
Attorneys pointed to eBay listings as examples of how Drake harmed the Members Only brand.
“Away From Home’s damage and/or injury to JR Apparel is exacerbated by the fact that, upon information and belief, counterfeits, intentionally confusing imitations and/or materially different garments of the Infringing T-shirts are being sold, offered for sale and/or advertised on eBay,” the lawsuit contended.
JR Apparel sought damages for trademark infringement, among other claims. The company asked the court to preliminarily and permanently prohibit Drake from selling any merch with “Members Only” on it.