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MY LINKEDIN PROFILE

Saturday, September 7, 2013

Recent Legal Controversies


Hip Hop mogul Jay Z, is a successful businessman known for his rap skills, producing skills and clothing line, Rocawear. Rocawear has clothing for men, women and children. A t-shirt company called HoodLove, LLC is suing Jay Z over copyright infringement. The lawsuit claims that Jay Z created a t-shirt design that has the words “Hood Love” on it. HoodLove, LLC claims they have owned the rights to the phrase since 2006. The company does not want there to be any confusion with people thinking Rocawear and HoodLove, LLC are affiliated. HoodLove, LLC would like to receive monetary compensation for all the sales of the t-shirts by Rocawear along with a cease and desist of any future sales.


In my opinion, if HoodLove, LLC can prove in court that they own all the rights to the phrase HoodLove, then they should be able to receive compensation from Rocawear clothing. Rocawear should also have to cease and desist any future t-shirts being manufactured. However, if they only own the name for their company and not the phrase, Rocawear could possibly win the lawsuit and continue distribution.



The late great Marvin Gaye’s family is suing R&B singer Robin Thicke over copyright infringement. The family claims that Robin Thicke’s hit single “Blurred Lines” sounds just like Marvin Gaye’s song “Got to Give it Up”. Robin Thicke offered the family a six-figure amount to put a halt on any lawsuit but the family rejected the offer. Thicke also admitted that when he went into the studio to write the song, he wanted the song to remind him of his all time favorite song “Got to Give it Up”.

In my opinion, the beat sounds a lot like Marvin Gaye’s beat, just different words. Thicke did not use the same lyrics in his song “Blurred Lines” as Marvin Gaye’s song. However, if Thicke feels he did nothing wrong, then why are you suing the Gaye’s family? Copyright is supposed to protect you from copying someone else’s work. If Thicke had released his song without ever hearing Gaye’s song he would probably win this lawsuit. Since Thicke admitted to Gaye’s song being his all time favorite song, there is a possibility he will lose this lawsuit and have to pay royalties to the Gaye’s family.


The late great Martin Luther King Jr.’s children are in a trademark battle over MLK’s estate. Two of King’s sons are suing their sister Bernice King, who is over the estate, stating she has been careless with the use of King’s "name, image, recorded voice and memorabilia." The estate claims care of the property is unacceptable and susceptible to damage. The two brothers claim they have tried to work with the sister but their relationship has become strained. The estate wrote a letter to the King Center terminating the royalty-free licensing agreement.

In my opinion, when it comes to a family member being deceased, feelings and emotions get in the way of what the real problem is. When my parents passed in 2009 my siblings and I became further apart instead of closer. Financial strain, emotional stress and greed played a huge part in decision-making. I wonder if King’s children are in conflict about something else and the brothers are taking it out on Bernice thru the estate. If the courts deem the intellectual property as being damaged or not up-to-par, then I agree that she should lose all rights to the property. However, if the courts deem her fit and well to manage the trademarks of Dr. King, and that there are no damages to the property, than she should continue on being the estate holder of the King’s Center.

When dealing with my own company, Breezy Entertainment, I have to watch for copyright infringement with my artist’s. I have to make sure that they have clearance on any songs they may sample. When releasing my daughter’s clothing line in 2014, I must consider certain phrases on her t-shirts and make sure no one owns the copyrights to the words. Lastly, protecting my name, image and brand is very important to myself. If forever reason God takes me from this earth early, I would always want my legacy to live on. However, I would want my brand to be represented in the upmost respect and treated with dignity and pride.