Court orders rapper to stop rolling with luxe TM
Robert D. Davis, a rapper who on stage partly went by the moniker Rizzy and more, won’t be rolling any longer with references to a luxe automobile brand. That’s because a federal judge in New Jersey has ruled in favor of Rolls-Royce Motor Cars Ltd in a trademark infringement and dilution action against Davis, aka “Rolls Royce Rizzy.” The court barred Davis from using “Rolls Royce” as his stage monkier and from employing the company’s registered “RR” logo on his website and on t-shirts. How did the rapper get run over with this decision? Default judgment Plaintiff Rolls filed an unopposed motion for default judgment, partially granted by the federal court. U.S. District Judge Kevin McNulty entered a default judgment on the claim of trademark dilution and unjust enrichment. The court found that Rolls had a clearly established, distinctive mark that is well known. Meantime, the judge said that Davis had begun using the mark after it was famous, and the rapper blurred and tarnished it. How? The judge pointed to, as plaintiffs complained, “an advertisement for an event ‘hosted by Rolls Royce Rizzy,’ entitled ‘Call of Booty,’ which features a scantily-clad woman and advertises a ‘Booty Shaking Contest.’” The judge also frowned on the mark’s links to Davis’ “hit singles” with profane titles. Based on that information, the court found that plaintiffs had met the final element to...
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