Cardi B emerges victorious in the years-long lawsuit where a Southern California man, Kevin Michael Brophy, sought $5 million from the rapper for misusing his tattoo in her debut mixtape “Gangsta Bitch Music Vol. 1” cover art. The man claimed that, being a husband and father of two minors, the discovery of his distinctive lion and snake back tattoo superimposed onto another man going down on Cardi B in the back of a limousine has caused major distress and humiliation to his life.
A group of jurors at the Central District of California Court in Santa Ana ruled in favor of Cardi B, whose legal name is Belcalis Almánzar, “on all counts.” During a previous day of the trial, Almánzar said to the courthouse, “There is no evidence where people actually believe it’s him,” followed by, “He hasn’t gotten fired from his job. He hasn’t gotten a divorce. How has he suffered?”
In response to Brophy’s assertions that his tattoo contributed to the success of the project, Almánzar fought back, “It’s really insulting to me as a woman that a man is claiming responsibility, when it’s my voice that has made me famous since 2014,” further adding, “and that’s what got me here, not Mr. Brophy’s portion of a tattoo.”
While the back tattoo portrayed on the cover does indeed resemble Brophy’s, the rapper argued that the use of the design was “transformative” under intellectual property law, and therefore protected by the First Amendment. Almánzar’s lawyers also said in a court filing that the tattoo was used “in an anonymous manner, as a single building block” in the composition of the full image.
Almánzar and her attorneys alleged throughout the four-day trial that this whole ordeal was Brophy’s attempt to reap whatever financial gain he could from Almánzar’s early record. At the conclusion of the trial, it was disclosed that both Brophy, Almánzar and the rapper’s former manager Klenord “Shaft” Raphael all shook hands, the latter two receiving the win graciously. Brophy’s attorney also commented that it may be best for Brophy and his family to close this chapter of their lives and put it behind them.
The successful rapper has since tweeted about her gratitude and relief following her victory. It has been a long journey for sure, but it’s finally time for the instigators of this commotion to hang up the coat.
Source: www.inkedmag.com