Rapper Ice Cube has been defeated in his attempt to sue the financial services app Robinhood.
In March, Ice Cube sued Robinhood for millions, alleging the company stole his catchphrase “Check Yo Self, Before You Wreck Yo Self” and stole his image in an email to their users titled “Why are tech stock falling?”
An image of Cube from the movie “Are We There Yet?” was superimposed in the email with the phrase: “correct yourself before you wreck yourself.”
The rap star/actor argued that Robinhood created the false and deceptive commercial impression that Ice Cube is associated with or endorses Robinhood’s services.
“The court dismisses the complaint for lack of standing because the plaintiff did not plausibly plead that Robinhood’s use of his identity suggested his endorsement of Robinhood’s products,” according to Judge Laurel Beeler’s ruling.
“Robinhood used Ice Cube’s picture and paraphrase of a line from his song to illustrate an article about market corrections. That illustration does not suggest that the plaintiff endorsed Robinhood (even if Robinhood uses celebrity endorsements (including Nas and Jay-Z) to promote its actual products,” Judge Beeler continued.
Judge Beeler said that he dismissed the case “because [Ice Cube] did not allege how Robinhood’s use of his identity created the misapprehension that the plaintiff sponsored, endorsed, or is affiliated with Robinhood.”
But all is not lost: Ice Cube has 21 days to amend and re-file his lawsuit to prove how using his identity in the newsletter confused people into thinking he endorsed Robinhood.