While tattoos have often triggered infringement lawsuits – including Mike Tyson's tattoo artist, S. Victor Whitmill, who filed a case against Warner Bros. for using his design on Ed Helms' character in "The Hangover," and Jimmy Hayden, the Cleveland Heights tattoo artists who tattooed LeBron James, Tristan Thompson, Kyrie Irving, and Shaquille O’Neal, who has been pushing for a lawsuit against NBA 2K and eSports game creators – Kevin Brophy Jr. now calls Cardi B to the stand.
While the image on Cardi B’s 2016 mixtape cover for “Gangsta Bitch Music Vol. 1” depicted an unidentified man performing oral sex on Cardi B, the man, Kevin Brophy Jr. stepped up to claim his fame. While Cardi B claimed that the lawsuit was unnecessarily taking time away from her child, calling the whole thing “bullshit,” Brophy’s case stands with his distinctive back tattoo as evidence. Brophy wears a tiger and a snake fighting, and insists the art is his, and his alone.
Kevin Brophy Jr. is suing Cardi B for her 2016 mixtape cover image “Gangsta Bitch Music Vol. 1.” This could set Cardi back $5 million, for infringement.
Cardi’s legal team has been trying to get the lawsuit dismissed in U.S. District Court, insisting that the cover image was protected by the First Amendment to the U.S. Constitution. However, U.S. District Court Judge Cormac Carney disagreed and dismissed the motion, redirecting the responsibility on who decides if the cover image is actually protected by the First Amendment, to the jury.
Brophy is not only suiting Cardi B for using his likeness without consent – stating the back piece is so unique and recognizable, that people can identify him from just looking at it – but also claiming that the rapper portrayed him in a false light by insinuating that he had sexual relations with her.
Cardi B is angry and frustrated, adding that the mixtape in question earned less than $1 million.
In the deposition she stated, "I’m really upset because I really have to be with my kid. All because of some bullshit trying to get money and then $5,000,000. Are you fucking kidding me? That mixtape didn’t even make, not even a million dollars. I got real lawsuits with real shit, and I got to deal with this bullshit. This is four hours long taking away from my time, my job, my motherhood.”