Ice Cube accuses Robinhood of trying to evade responsibility for controversial ad
Shortly after online trading app Robinhood filed a response to the claims by O’Shea Jackson, Sr., professionally known as Ice Cube, he has accused the company of trying to evade responsibility for its misconduct.
On May 6, 2021, Ice Cube replied to Robinhood, as the company seeks to defend itself in a lawsuit over an ad featuring Ice Cube’s image and catchphrase. Ice Cube argues that the Court should deny Robinhood’s attempt to dismiss his lawsuit.
In his complaint, Ice Cube alleges that the defendants misappropriated his valuable image and likeness in order create the false impression that he endorses defendants’ products and services.
The plaintiff argues that “the defendants now seek to evade responsibility for their misconduct by filing a blunderbuss motion that misses the mark”.
Let’s note that among Ice Cube’s many chart-topping albums, his 1992 album The Predator featured his certified-platinum single “Check Yo Self.” “Check Yo Self” has become one of the plaintiff’s signature recordings and is an indelible part of his image and likeness. Indeed, the lyric and phrase “Check Yo Self” has become nothing less than the plaintiff’s catchphrase.
The lawsuit focuses on an advertisement which appeared on March 8, 2021. The ad impermissibly used plaintiff’s image and likeness to promote Robinhood’s financial services and products on the “Robinhood Snacks” website and app. Ice Cube says that the Advertisement uses his image and likeness, including his signature catch phrase, in order to create the false impression that he actually endorses Robinhood, its products, and its services. The advertisement creates the false impression that Ice Cube supports and endorses Robinhood’s products and services.
Ice Cube, however, “absolutely does not, and never would, support Robinhood’s products and services”.
In its reply, Robinhood argued that the ad is protected by the First Amendment. (“The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.”) Ice Cube disagrees with Robinhood’s assertions in this respect.
“The First Amendment is not a license to trespass, to steal, or to intrude”, he says. Moreover, the defendants incorrectly claim that the advertisement is protected by the First Amendment. In fact, the Advertisement is “commercial speech,” which is rarely, if ever, protected by the First Amendment.
Ice Cube also points out that his business partner, Jeff Kwatinetz, is a civil rights attorney who has recently filed a class action lawsuit against Robinhood, and voiced his disapproval of Robinhood on several media outlets. Mr Kwatinetz is associated with Ice Cube, as they partnered in developing the highly successful Big3 basketball league.
The fact that the Advertisement suggests that Ice Cube endorses Robinhood and its services and products is supported by the fact the Robinhood has a demonstrable pattern and practice of using established celebrities, such as Nas and Jay-Z, to endorse its products and services.
Moreover, Ice Cube notes that Robinhood specifically sought to make an example out of him due to the fact that his business partner, Jeff Kwatinetz, had sued Robinhood and publicly held the company to account. Although Ice Cube had no involvement in that lawsuit, “Robinhood’s resulting actions speak volumes about its petty, vindictive, and malicious nature as a company”, he says.
The lawsuit continues at the California Northern District Court.