Toronto-native – Drake – is reportedly being sued over merch designs emblazoned with a “Members Only” slogan.

The plaintiff in the legal documents is JR Apparel World LLC, a New York-based clothing company that owns the outwear brand Members Only.

To clarify, JR Apparel is not accusing Drake of selling Members Only knockoffs. Instead, it alleges that his company, Away From Home Touring Inc., is selling Members Only-branded t-shirts that violate its trademark rights.

Away from Home’s use of ‘Members Only’ is likely to cause confusion, mistake, and deception among consumers as to the origin of Away From Home’s infringing t-shirts.

Away From Home sold… goods bearing the mark ‘Members Only’ that are identical, overlapping, and/or highly similar to the goods that JR Apparel sells bearing its MEMBERS ONLY Marks.

How Does “Members Only” Violate US Trademark Law?

“Members Only” is a song from Drake’s 2023 album For All the Dogs. As noted by Billboard, the song title itself does not violate trademark law, as songs and other creative works receive extra protection under the First Amendment. Nonetheless, issues arose when Drake and his team used the song title on apparel products, which the Members Only brand is best known for.

The lawsuit states:

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 [him] 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 is still ongoing, and an update will be posted to the blog when released.