The parent company of Members Only (asi/70569), a retail fashion brand whose apparel also sells in the promo products industry, has sued the touring company of rapper Drake, alleging trademark infringement.

Syosset, NY-headquartered JR Apparel, which owns Members Only, says that Drake’s Away From Home Touring Inc. was selling a T-shirt on the hip hop star’s recent “It’s All A Blur” tour that featured the “Members Only” trademarked branding, according to a lawsuit filed June 11 in federal court in New York.

Drake’s touring company was allegedly selling this shirt, which a lawsuit claims violates the trademarks of fashion brand/promo supplier Members Only (asi/70569).

JR Apparel maintains the shirt messaging is likely to confuse the public, causing people to mistakenly believe that the Drake tee is from Members Only – and thereby illegally driving financial benefit for the musician through the leveraging of a trademark without the brand’s permission.

“Members Only” is a song on Drake’s 2023 album “For All the Dogs.” To fans, some argue, the T-shirt is clearly referencing that track. JR Apparel isn’t moved by that argument.

An example of Members Only’s flagship product: a racer jacket with the company’s brand subtly decorated on the left chest.

In an April letter seeking to resolve the matter, attorneys for JR Apparel asserted that the song title “does not obviate the likelihood of confusion or give Live Nation and/or Drake license to use our client’s Members Only marks in such a confusing manner, particularly on or in connection with apparel items.”

While Live Nation Entertainment Inc. was, the lawsuit claims, running/operating the tour, it’s not named as a defendant in the suit, court records filed to date show.

Drake

JR Apparel also asserts that Away From Home’s alleged trademark-infringing shirt has caused additional problems for Members Only because of counterfeits and “confusing imitations” of the rapper’s T-shirt that are allegedly being sold online through sites like eBay.

Away From Home hadn’t filed a response to the lawsuit as of this writing, court documents indicate.

Formally, JR Apparel is advancing federal and common law trademark infringement, unfair competition, injury to business reputation and other claims against Away From Home.

JR Apparel wants a judge to permanently prohibit Drake’s touring company from selling the T-shirts and to turn over all products/materials bearing the “Members Only” mark for destruction. It’s also seeking financial compensation, including damages, attorney fees and an amount that would be triple the “gains, profits and advantages derived from sales of the infringing T-shirts.”

Members Only is best known for its racer jackets. Along with that fashion-forward outerwear, products that Members Only sells in promo include hooded sweatshirts and medical scrubs.