Do hip-hop artists get a bad rap?Raleigh’s Tyrone Banks may think so, after the artist was slapped with a federal lawsuit by the NHL’s Carolina Hurricanes, the very team for which he wrote and recorded a song in 2007.
Banks is accused of misusing trademarks by referring to his song as the “official Carolina Hurricanes song,” and by wearing a ‘Canes jersey in material promoting the song.
“Carolina Hurricanes. That's our team, say the name," repeats the song's chorus.
According to the Associated Press, Banks produced "Carolina Hurricanes" in 2007 and provided a copy of the song to the team, asking the Hurricanes play the music during games, according to court documents. The lawsuit, filed Friday Aug. 7, said the Hurricanes did use the song during games and short segments of it appeared in a television ad and online video.
Banks may have hit a hurdle when he demanded compensation for the song. Banks claims, according to the lawsuit, to have authorized use of the song ONLY during ‘Canes games – as long as his name, song name, and record label were displayed while the song was playing.
The Hurricanes are saying that Banks is promoting the song by suggesting an “affiliation” with the team. The ‘Canes deny any affiliation.
The team issued a cease-and-desist order to Banks in February 2009, and the artist removed the words “anthem” and “official” from his website. He didn’t go all the way, however. Banks is still seen wearing a ‘Canes jersey in promotional material for the song. The team believes the franchise has been damaged by Banks’ unauthorized use of their trademark. Ouch.
Neither the ‘Canes nor Banks are talking right now.
No comments:
Post a Comment