Photo Credit: YouTube / Rod Wave
Rod Wave has joined the wave of artists who are protecting their merch sales by suing fake merch peddlers—even outside their own concerts.
In the latest legal filing, Rod Wave received a federal court order allowing law enforcement to seize any fake merch outside of his concert in Charlotte. The order says “any infringing merchandise” and does not specify a seller, making it a broad protective win for the rapper’s own merch kiosks inside the arena.
“It is impossible to identify potential defendants until they have already begun to infringe upon Mr. Green’s trademarks, at which point he will have suffered irreparable injuries,” the judge wrote in his ruling. “The lost profits at even one venue may be significant. Counsel has stated that it is impossible to identify defendants in advance and difficult even to ascertain their identities when confronted at the venue.”
The judge did make some key limits in the ruling. Rod Wave had to post $5,000 security bod to cover any merchandise wrongfully seized. Alleged bootleggers must be served ‘immediately’ with a lawsuit if merchandise is seized. Anyone served in this manner has the right to challenge the seizure in court.
“Within 21 days after service of this summons, you must serve on the plaintiff an answer to the attached complaint,” the summons to civil action addressed to various John & Jane Does reads. Rod Wave must appear in court later this month at a hearing that could extend the ruling beyond Charlotte to “all future stops on tour.” At that hearing, his lawyers must present samples of seized merchandise.
The problem sometimes though, is that the general customer likes the ‘fake merch’ better. In a thread posted on reddit titled ‘Thoughts on fake band merch?’ in the Music subreddit, one comment alludes to such.
“I don’t buy the shirts on the street. I do try to support the bands by buying official merch when I have the cash, but I’ve got to tell you, some of the street shirts I’ve seen have looked better then [sic] the official shirts and they’re half the price. Bands have got to step up their merch game.”
“If I don’t like any of the band’s shirts at the show, or they ran out of the size I wanted, and the street ones are a dope design and $5 on the way out—I’ll grab one. I’ve bought a ticket, I’ve probably grabbed a record, so I feel like I’ve supported the band either way,” reads another.
