The back tattoo of a man on the cover art for Cardi B’s Gangsta B*tch Music Vol. 1 mixtape has is the subject of a on going lawsuit.
On Thursday (August 22), U.S. District Court Judge Cormac Carney rejected Cardi B’s motion to dismiss a lawsuit, where a man named Kevin Brophy Jr. has claimed that a tattoo on the artwork violates his right of publicity and portrays in him a false light.
In case you haven’t seen the cover, the man on appears to have his head in between Card’s legs as if “going down” on the rapper.
“Defendants argue that Plaintiff’s claim fails because he fails to allege that his face was visible or his name was used,” Carney wrote in the order. “Defendants, however, cite no authority for the proposition that a commercial misappropriation claim requires the use of the plaintiff’s face or name. Plaintiff here alleges that his tattoo is part of his likeness because it is unique and distinctive. People, in fact, purportedly instantly recognize Plaintiff by his tiger snake tattoo.”
The California judge ruled that Kevin Brophy has stated a plausible claim for using his likeness without consent. And for those questioning the likeness, people reportedly recognize the Plaintiff by his tiger snake tattoo, which is the same artwork depicted on the cover.
Meanwhile, Cardi b’s deposition in the case heard her state: “I’m really upset because I really have to be with my kid. All because of some bullsh*t trying to get money and then $5,000,000. Are you f**king kidding me? That mixtape didn’t even make, not even a million dollars. I got real lawsuits with real sh*t, and I got to deal with this bullsh*t. This is four hours long taking away from my time, my job, my motherhood.”
Check below to see the artwork and listen to one of the 2016 compilation’s much-hyped tracks, “Washpoppin.”