Drake Sued by Members Only for Tour Merch Trademark Infringement

Weeks after slinking away from his rap feud with Kendrick Lamar, Drake ’s got new beef.

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The Canadian hip hop star is being sued by New York-based JR Apparel World LLC, the owner of iconic 1980s jacket brand Members Only, for co-opting its trademarked brand name for use on tour merch made by Away From Home Touring, Inc. on his behalf.

The products—mostly T-shirts—bore text reading “Members Only”—a reference to a song on Drake’s “For All the Dogs” album. Drake wrapped up his “All A Blur” tour in April and began selling the garments soon after.

In a complaint filed last week in New York federal court, JR Apparel alleged that the use of the Members Only mark is “likely to cause confusion, mistake, and deception among consumers as to the origin of Away From Home’s infringing T-shirts.”

While the plaintiff has not accused Drake of trading in knockoffs, it has said that Away From Home created products that are, in some cases, “identical, overlapping, and/or highly similar to the goods that JR Apparel sells bearing its MEMBERS ONLY Marks”—a move that could encroach on its market share and cause damage to the brand.

Notably, Drake’s right to use “Members Only” as a song title is not up for debate—but as soon as he started utilizing the phrase on apparel, he stepped over the line, as JR Apparel registered the Members Only mark for use on clothing specifically.

“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 [Drake] a license to use our client’s ‘Members Only’ marks in such a confusing manner, particularly on or in connection with apparel items,” the lawsuit read.

The plaintiff wrote that it attempted to resolve the issue directly with Away From Home between April 3 and June 6, but the parties were unable to reach a consensus.

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The group also said its “damage and/or injury” has been exacerbated by rampant trading of illicit merch on online marketplaces. “[U]pon 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 filing said. Drake’s use of the mark has invigorated the market for dupes, furthering the hits to the Members Only brand, the plaintiff believes.

Now, JR Apparel is looking to the courts to stop Drake and Away From Home from producing and selling clothing bearing the Members Only mark, and seeking damages for the confusion the use of the trademark has caused.

As of Monday, no products bearing the Members Only mark were available on Drake’s official website.

Founded in 1975, Members Only was commercialized in the U.S. market by Europe Craft Imports, becoming a sartorial sensation during the ‘80s on the back of its polyester racer jackets’ unique styling and wide range of colorways.

The brand changed hands over the ensuing decades, and was ultimately snapped up by JR Apparel, which purchased it from Members Only Licensing Group, in 2012. Jaggi Singh, JR Apparel’s CEO and president, told WWD at the time that the heritage label “has a lot of legs,” noting that its name recognition has persisted throughout the decades.

Today, Members Only outerwear is sold across a multitude of wholesale channels, from Macy’s to Amazon, Target, Walmart and Zumiez, and the label has released collaborations with a range of partners like Nickelodeon, Keith Haring and Urban Outfitters ’ Urban Renewal upcycling initiative.

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