Kevin Brophy, Jr. claims in his lawsuit that he is troubled by the cover art of her 'Gangsta B***h Music Vol. 1' mixtape that features a man sporting a tattoo of a tiger battling a snake that resembles a design he has.
- Aug 24, 2019
AceShowbiz - Cardi B has lost her bid to dismiss a lawsuit over a tattoo on the cover of her "Gangsta B**ch Music Vol. 1" mixtape.
Kevin Brophy, Jr. has claimed the man orally pleasuring the rap star in the photo has skin art on his back of a tiger battling a snake that resembles a design he has, and he is demanding $5 million (£4 million) in damages for the violation of his right of publicity.
Cardi B has maintained the suit isn't worth her time, but now she has to face it head on after U.S. District Court Judge Cormac Carney rejected her motion to dismiss.
The judge has ruled Brophy has a plausible claim for the use of his likeness without consent.
"Defendants argue that Plaintiff's claim fails because he fails to allege that his face was visible or his name was used," Carney writes. "Defendants, however, cite no authority for the proposition that a commercial misappropriation claim requires the use of the plaintiff's face or name. Plaintiff here alleges that his tattoo is part of his likeness because it is unique and distinctive. People, in fact, purportedly instantly recognize Plaintiff by his tiger snake tattoo."
He adds, "Whether the Gangsta B**ch cover is sufficiently transformative to obtain First Amendment protection is a question of fact."
It's the "Bodak Yellow" hitmaker's second defeat in the case - she also failed to seal the transcript from a deposition earlier this year, during which she chewed out the plaintiff's lawyers for taking her away from her daughter, Kulture.
"I'm really upset because I really have to be with my kid," she raged. "All because of some bulls**t trying to get money and then $5 million. Are you f**king kidding me? That mixtape didn't even make, not even a million dollars. I got real lawsuits with real s**t, and I got to deal with this bulls**t. This is four hours long taking away from my time, my job, my motherhood."
