A Bitcoin dubbed “Coinye West” was scheduled to launch on January 11, 2014 as a digital Kanye West-themed
currency. The creators never revealed their names, possibly because the
project constituted trademark infringement, however, that has not
stopped Mr. West and his team of lawyers from pursuing them in a Federal
Manhattan Court.
For those who are not aware, a Bitcoin is a form of “cryptocurrency”
housed within a “decentralized financial system with its own invented
currencies.” These Bitcoins purportedly appeal to the masses because
they are a sort of peer-to-peer financial and trading system which cuts
out the middle man, i.e. – financial institutions.
The lawsuit, which was filed last week in Manhattan Federal Court,
seeks an unspecified amount for damaging the reputation of Mr. West, and
also allows Kanye’s lawyers to do additional research to learn the
identities of the creators of the digital currency. The specific claims
made within the lawsuit are for trademark infringement, unfair
competition, dilution of right of publicity violations, deceptive acts
and practices, and violation of anti-cybersquatting consumer protection
act. The judge said there is a likelihood West will succeed with his
claims though one of the websites named in the lawsuit sent a message
after the lawsuit was filed saying “COINYE IS DEAD. You win, Kanye.”
What Does This Mean?:
The creators of this Bitcoin attempted to use Kanye West’s name and
likeness in an effort to further the promotion, use, sell and trade of
their goods and services, namely the Bitcoin dubbed “Coinye West,”
without his permission. They can’t do that. The coin includes a “South
Park-esque” visual of Kanye West in glasses, along with other designs
which utilize his image and likeness. Their unlawful use is allegedly
diminishing Kanye’s brand and right to privacy, along with purportedly
breaking other laws as it relates to anti-cybersquatting. Kanye feels
any association with this cryptocurrency is harming his name, reputation
and business and wants it to stop. He and his lawyers are also seeking
to stop future companies from seeking to do the same thing.
How Does This Affect You?:
In order to utilize a person’s name and/or likeness for the purpose
of selling and advertising your goods and services, you need their
permission and you also need to pay them. Everyone has a right as to how
their name and image is perceived and used, especially by a third
party. Nobody has a right to place your name and/ or face on any product
without your consent for the sake of selling, advertising or promoting
it.
Rashida Maples, Esq. is Founder and Managing Partner of J. Maples
& Associates (www.jmaplesandassociates.com). She has practiced
Entertainment, Real Estate and Small Business Law for 9 years, handling
both transactional and litigation matters. Her clients include R&B
Artists Bilal and Olivia, NFL Superstar Ray Lewis, Fashion Powerhouse
Harlem Fashion Row.
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