Drake has been embroiled in a legal battle with the publishing company Hebrew Hustle Inc. since 2014. The company originally sued Drake over the use of a spoken word sample from jazz artist Jimmy Smith in the Nothing Was the Same track “Pound Cake/Paris Morton Music 2.” A judge ruled in Drake’s favor last year, determining that the sample was used fairly.
Drake subsequently countersued, claiming that Hebrew Hustle used Drake’s name and image on its website without authorization, implying in a since-deleted line that founder Stephen Hacker had worked with Drake professionally. The countersuit is headed to trial in a New York court on December 3. Hebrew Hustle has named Drake as a witness in the case; he will testify in-person in front of a jury.
According to a new court filing, obtained by Pitchfork, Drake’s team claims that Hebrew Hustle used Drake’s name and image on its website without authorization for its “commercial advantage.” As a result, Drake and his lawyers are asking for damages for “the commercial value of [Drake]’s name and image” (i.e., the money Hebrew Hustle made from allegedly using Drake’s image), as well as “the mental distress from the offensive and upsetting misappropriation of his name and image.”
Explaining their claims of “mental distress,” Drake’s lawyers write, “The very name of Hebrew Hustle is offensive, as it perpetuates stereotypes regarding persons of Jewish heritage, such as [Drake]. [Drake] would have never licensed his name and image to Counterclaim Defendants, and is offended to have been falsely associated with them.”
Pitchfork has contacted representatives for Drake.
https://pitchfork.com/news/drake-accuses-publishing-co-of-perpetuating-jewish-stereotypes-as-lawsuit-heads-to-trial
