August 17, 2021
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As reported by Law Street Media and The National Law Review, trading platform, Robinhood Markets Inc., has filed a motion to dismiss Ice Cube’s amended trademark complaint regarding the platform’s use of the rapper’s image and catchphrase. The court dismissed Ice Cube’s initial complaint earlier this year but granted him the opportunity to amend the complaint.
Robinhood published a newsletter on its website, modifying the rapper’s catchphrase “Check yo self before you wreck yourself” to “Correct yourself before you wreck yourself” and included an image of the artist.
Ice Cube, also known as O’Shea Jackson, subsequently filed a complaint in the U.S. District Court for the Northern District of California, alleging false endorsement under the Lanham Act as well as misappropriation of likeness and unfair competition under California Law. The court dismissed Ice Cube’s claim on the basis that it did not plausibly suggest that Ice Cube actually endorsed Robinhood, but allowed Ice Cube to amend his complaint.
Ice Cube’s amended complaint includes one claim for trademark infringement under the Lanham Act. Robinhood has again filed a motion to dismiss, asserting that the revised pleading “appears to be a thinly disguised motion for reconsideration”.
Author: Sam Galway
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