Whoops. Target is facing a major lawsuit from the estate of Notorious B.I.G., Republic Merchandising, and photographer Barron Claiborne, accusing the retail giant of profiting from the rapper’s likeness without proper permission. The lawsuit centers around Claiborne’s iconic 1997 “King of New York” portrait, taken just days before Biggie’s tragic death.
Let’s dive into the lawsuit which alleges that Target, along with other retailers such as The Home Depot, Beyond, and Nordstrom, sold merchandise featuring the famed image and other Biggie-related branding through a third-party vendor. The case primarily targets iCanvas, an Illinois-based company that specializes in canvas prints, for distributing unauthorized artwork featuring Biggie’s likeness.
According to the lawsuit, iCanvas allowed independent artists to upload artwork using Biggie’s image without verifying the proper licensing. This, the plaintiffs claim, turned iCanvas into a platform for copyright violations, helping retailers profit from Biggie’s image while bypassing licensing agreements.
Get this, the complaint asserts that Target and its co-defendants marketed and sold the unlicensed merchandise as if it were officially connected to Biggie’s estate. While other retailers, such as Home Depot and Nordstrom, removed the infringing products after the estate intervened in 2023, Target allegedly continued selling these items without providing financial accountability for their sales.
What’s more, the lawsuit states, “Defendants specifically chose to use Mr. Wallace’s persona, name, image, likeness, and related marks in an attempt to capitalize on their fame and extraordinary financial value.” Despite warnings from the estate, Beyond continued selling the unauthorized products.
While many infringing items have been removed, at least three versions of the “King of New York” image are still available for purchase through iCanvas.
Target, iCanvas, and the other co-defendants now face serious legal claims, including unfair competition, false advertising, trademark infringement, right of publicity violations, and copyright infringement. This lawsuit sheds light on a broader issue of major retailers profiting from the legacies of legendary artists without securing the necessary permissions.
