Man who sued over Cardi B mixtape cover featuring his tattoo wants another trial

Here we go again

The man who unsuccessfully sued Cardi B over her use of a photo of his distinctive back tattoo on the artwork for a 2016 mixtape has requested another trial to consider his legal claim. That’s based on the argument two prejudicial errors of law occurred during the original court hearing.

Kevin Brophy sued Cardi B – real name Belcalis Almánzar – in 2017. A photo of his distinctive tattoo was Photoshopped onto the cover of the ‘Gangsta Bitch Music Vol 1’ mixtape, so that it appeared on the back of a man who was positioned to look like he was performing oral sex on the rapper.

Neither Almánzar nor her team got permission from Brophy to use the image of his tattoo. He argued that people assumed it was him in the photo, and – given the explicit nature of the artwork – that had resulted in him facing frequent “uncomfortable comments, questions, and ridicule from community members and family”.

Legally speaking, he reckoned his publicity rights had been infringed by the authorised use of his image.

Man who sued over Cardi B mixtape cover featuring his tattoo wants another trial