Cardi B was unable to dismiss a lawsuit by a gentleman that says his rights of publicity are being violated because his tattooed back looks very similar to the one on the cover of the "Gangsta Bitch Music Vol. 1" album.
Where to even start on this one. Probably best to point you to the picture that can be seen above to the right which in the album cover to Cardi B's "Gangsta Bitch Music Vol. 1".While you cannot see the the face of the man getting down and dirty, you can sure see his back.
Now look at the image to the left. Looks similar doesn't it? The back is owned by one, Kevin Brophy Jr.. Brophy says his tattoo is so distinctive on his back that people immediately think it is him on the album cover, when it is not. Brophy claims was “shocked, outraged, humiliated, and appalled” when he saw the cover, and that “his wife believed he had betrayed her.” So what would solve this problem, oh about $5 million. Brophy claims his likeness is being exploited without his permission and protrayed him in a negative light because he never had sex with Cardi B.
Cardi B made a motion to dismiss the lawsuit and even had to appear for an explicative-fileld deposition about the creation of the photograph. The threshold for stating a claim is not that high and the judge held that the complaint stated a claim. The judge held that even though his face is not in the image, people might assume it was Brophy and implying that he had sex with Cardi B could damage his reputation.
The judge was less kind when it came to discussing the merits of the case and the claim for damages when he stated "there is nothing in the record to support Plaintiff’s allegation that the amount in controversy exceeds $5,000,000." The judge ordered then that discovery be held on the amount of damages to see if it is properly in federal court.
Cardi B has been fighting this case hard and she may not even be ready to settle since she claims that the album didn't even make $5 million. This interesting fight shall continue on.