A California judge on Tuesday dismissed a lawsuit brought by rapper Ice Cube against trading platform Robinhood claiming it used his image to promote its products, without his consent.
The rapper sued Robinhood in March, alleging that it was damaging his reputation and violating trademark law by using his image and a take on his musical lyrics, and making it appear as if he endorsed the company, without his consent, in its “Robinhood Snacks” newsletter.
U.S. Magistrate Judge Laurel Beeler wrote in a dismissal order that Ice Cube’s complaint “did not plausibly plead that Robinhood’s use of his identity suggested his endorsement of Robinhood’s products.” But she ruled that Ice Cube could file an amended complaint within 21 days.
“This is a simple procedural motion and we’re confident our amended pleading will resolve any questions,” Sean Hardy, an attorney for Ice Cube, told Yahoo Finance, indicating that Robinhood should not expect the dismissal to end the dispute.
Judge Beeler concluded that Ice Cube mistakenly characterized Robinhood’s publication as an advertisement, rather than a newsletter, and that courts have not historically recognized newsletters — thought to be less commercial in nature — as a basis to support the trademark claim.
“Robinhood used Ice Cube’s picture and paraphrase of a line from his song to illustrate an article about market corrections,” the judge wrote. “That illustration does not suggest that the plaintiff endorsed Robinhood.” That would remain true, she said, even if Robinhood uses celebrity endorsements such as those from Nas and Jay-Z to promote its actual products.
However, she rejected Robinhood’s claims that Ice Cube fell short in establishing himself as a celebrity because he relied on “old pursuits” made in the 1980s and 1990s.
“But why would Robinhood use the image and a paraphrase of the catchphrase if it did not capitalize on Ice Cube’s celebrity status?” the judge wrote in the order.
