Kevin Michael Brophy, Jr. filed a lawsuit against Cardi B in 2017 over the rapper’s alleged use of his tattoo on the cover of Gangsta Bitch Music, Vol.1
Cardi B has won a lawsuit that lasted for years and was about the cover art for her mixtape from 2016.Her legal team confirmed that on Friday (October 21), a jury at the Central District of California Court in Santa Ana ruled in favor of the rapper “on all counts”. “I wanna kiss Gods feet right now …..IM BEYOND GRATEFUL!!!!” Cardi tweeted after the verdict.
A man by the name of Kevin Michael Brophy, Jr. filed a lawsuit against Cardi B in 2017 regarding the alleged appearance of his back tattoo on the cover of the rapper’s debut mixtape from 2016, Gangsta Bitch Music, Vol.1.Brophy claimed in the original complaint that the rapper “misappropriated the unique likeness of [his] body art and image[…] in a misleading, offensive, humiliating, and provocatively sexual way to launch her career in music and entertainment” without his knowledge or consent. At least $5 million in compensation has been sought by Brophy and his legal team. The following statement, which also made reference to Cardi B’s former manager, Klenord “Shaft” Raphael, was issued by a representative for Brophy:
Michael Brophy, Cardi B, and Mr. Rafael shook hands after the verdict.They were considerate winners.Mr. Brophy is a strong individual.It might be best for the Brophy family’s ability to move on from this experience if this chapter could be closed. That’s all that matters.
Cardi B and her attorneys responded in 2018:It is simply absurd to suggest that the use of the tattoo image in that initial photo was the cause of any of Cardi B’s success or income. Additionally, they stated that the artwork features “another man (rather than Kevin Michael Brophy, Jr.).”They elaborated:
The picture of Plaintiff Kevin Michael Brophy, Jr. and the picture that was chosen as “album art” for that mixtape are completely different. He is a Caucasian male in the picture of “Plaintiff’s back”[…]. He is standing vertically with both of his arms hanging straight down by his sides. He is facing away from the camera, his face is not visible. The photo shows his entire back, from his lower waistline to his head, as well as the backs of both of his arms. He also has an elaborate tattoo that reads “Born to Lose” that extends up across the back of his neck. HeIn contrast, the figure in the Cardi B photo is a young man with dark skin who appears to be kneeling and bowing before her. He is bent forward, his face is also hidden, and he has his right arm hidden and his left arm outstretched, not hanging by his side, showing his hairline. He also does not have any visible tattoos on his neck
In addition to only representing a small portion of the entire Cardi B photo, the tattoo image on the man’s back in the Cardi B photo is less than 20% the size of the tattoo image on the plaintiff’s back in the Complaint[…]. The third-party male model in the photo with Cardi B is not Plaintiff.Because he is bowing before Cardi B and facing away from the camera, the male figure in the photo is hard to tell apart.and even has no posture that is comparable to any image of Plaintiff that is known to exist.
Additionally, Cardi B and her attorneys alleged: “What is [Kevin Michael Brophy, Jr.] really seeking? Simple: Whatever piece of Cardi B’s income he can gouge out, and whatever free ride on her famous coat-tails he can gain, through the extortionate means of this unfounded, preposterous action.”