Update: Cardi B – Judge Upholds Rapper’s Victory Over Mixtape Cover Tattoo Trial, Orders Plaintiff To Pay Her Legal Fees
Update: Cardi B – Judge Upholds Rapper’s Victory Over Mixtape Cover Tattoo Trial, Orders Plaintiff To Pay Her Legal Fees
Update: (Dec. 29, 2022): Cardi B is definitely on a winning streak when it comes to court cases and legal issues!
According to reports, on Wednesday (Dec. 28) U.S. District Judge Cormac J. Carney upheld Cardi B’s court victory where jurors found her not liable for using a portion of a man’s back tattoo on the cover of her 2016 mixtape “Gangsta B*tch Music Vol. 1.”
The judge ruled that the plaintiff’s, Kevin Brophy, request to overturn the Oct. 21 jury verdict was both too late and lacked merit. Cardi’s good luck didn’t end there! Brophy has been ordered by the judge to pay the “Please Me” rapper’s attorney’s fees and costs.
Original story: (Oct. 23, 2022): Rap artist Cardi B continues to stack her court wins!
Earlier this week, the 30-year-old took to twitter to celebrate her latest lawsuit victory against a man suing her for allegedly “misappropriating his likeness”. Cardi B, born Belcalis Marlenis Almánzar, was hit with the copyright infringement suit back in 2017. Kevin Michael Brophy, the plaintiff in the case, claims the “W.A.P.” rapper used his back tattoos for her racy 2016 mixtape cover art without his knowledge or consent. However a jury recently decided Brophy did not have enough evidence to support his case.
The cover-art in question is from Cardi B’s mixtape “Gangster B*tch Music Vol. 1”. In the artwork, the rapper is seen in a sexually suggestive pose with a model staged in between her legs. Brophy claimed in the suit that though the man’s face can’t be seen, the tattoos photoshopped onto the model are a replica of his own. Reportedly, Brophy referred to himself as a “family man with minor children” in the suit, adding he was caused “ distress and humiliation ”.
However Cardi’s legal team argued the plaintiff suffered no damage as a result of the artwork. Reportedly, the defense noted the model is Black with no neck tattoos, a clear contrast to Brophy who is white with several neck tattoos. Cardi is said to have defended herself in court, stating:
“It’s not him….To me, it doesn’t look like his back at all. The tattoo was modified, which is protected by the First Amendment,”
Adding:
“He hasn’t gotten fired from his job….He hasn’t gotten a divorce. How has he suffered? He’s still in a surf shop at this job. Please tell me how he’s suffered.”
The artwork was reportedly designed by Timm Gooden who is said to have used “a small portion” of Brophy’s tattoo he found on google. Cardi’s legal team stated the rapper had no knowledge of the images origin. It seems the jury agreed, ultimately giving Cardi the lawsuit win. The grammy winning artist subsequently took to Twitter writing:
“I just won this lawsuit …Im soo emotional right now …I wanna kiss Gods feet right now …..IM BEYOND GRATEFUL!!!!”
Cardi has been superior in court this year, winning her lawsuit against Youtuber Tasha K that awarded her around $4 million in total damages. Additionally, the musician won a suit brought by a right-wing group suing her for defamation. The “Invasion Of Privacy” artist did plead guilty to a case earlier this month, however. Cardi was ordered to perform 15 days of community service from a case stemming from a NYC strip club fight she was involved in.
[VIA]
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