CHICAGO (CN) — Photographer Barron Claiborne and the company that controls Biggie Smalls' intellectual property rights filed a federal lawsuit Tuesday over what they say is improper use of the legendary hip-hop artist's image. Claiborne and Notorious B.I.G. are joined in the suit by Republic Merchandising Inc., a California company that says it manages merchandising relating to Biggie Smalls, aka Christopher George Latore Wallace. The plaintiffs oppose in particular the marketing of canvas prints featuring Smalls' image as portrayed in Claiborne's 1997 "King of New York" photo. The work depicts Smalls wearing a plastic crown, set in front of a deep red background. Claiborne took the photo, part of a series, just three days before Smalls was killed in a drive by shooting in Los Angeles. It has since become a defining portrait of the artist.

Journalist Vikki Tobak, who organized the 2018 photography book "Contact High: A Visual History of Hip-Hop," deemed the "King of New York" portrait the "Mona Lisa of hip hop" in 2019. Claiborne notes in the lawsuit that the $6 plastic crown Smalls wears in the photo series sold for nearly $595,000 at a 2020 Sotheby's auction. "Defendants used Mr. Wallace’s persona, name, image, and likeness, as well as several trademarks relating to him, and Mr. Claiborne’s K.O.N.Y. series photographs, for many years, across numerous items, and in multiple ways, without authorization," Claiborne, Republic and Notorious B.I.G. LLC say in the lawsuit.

Claiborne, Republic and Notorious B.I.G. claim a canvas print retailer known as iCanvas has been using Smalls' "persona, name, image, and likeness, and related marks," as well as elements of Claiborne's King of New York photo, without permission since at least 2015. The plaintiffs say they reached out to iCanvas in 2023 about trademark-infringing items, and that while the shop did remove the specific items they mentioned in that communication, other infringing items remain available for purchase. As of Tuesday, iCanvas continues to sell multiple Biggie Smalls-themed pieces online, including artwork incorporating elements of the King of New York portrait.

The plaintiffs name iCanvas' founder Leon Oks, who according to online information resides in the Chicago suburbs, as another defendant in the suit, along with Oks' interior decor company Kroto Fine Arts. Oks could not be reached for comment. The plaintiffs also bring suit against retail chains they say entered into vendor agreements with iCanvas: Home Depot, Target, Nordstrom and Beyond. "Not content to sell infringing items through its website only, iCanvas formed vendor relationships with Beyond, Home Depot, Nordstrom, and Target, so that it could make such available for purchase through these companies’ websites as well, including items using Mr. Wallace’s image, likeness, and related marks, and Mr. Claiborne’s photographs, without authorization," Claiborne, Republic and Notorious B.I.G. write.

Courthouse News was unable to find on the online shops of Nordstrom, Home Depot and Target examples of the Biggie Smalls-inspired artwork featured on iCanvas. However, posters of the King of New York portrait were still listed on the website of Bed Bath & Beyond, and some of the same works listed on iCanvas were listed for sale on Overstock. Both Overstock and Bed Bath & Beyond are operated by Beyond Inc.The plaintiffs make note of this distinction in the complaint, saying Target, Norstrom and Home Depot took the offending items down following a 2023 communication.

"While Home Depot, Nordstrom, and Target removed items infringing rights relating to Mr. Wallace and Mr. Claiborne that Plaintiffs contacted them about in 2023, Beyond has not—several infringing iCanvas-branded items are still viewable on bedbathandbeyond.com," the plaintiffs write.The plaintiffs bring six counts in their complaint for unfair competition and false advertising, trademark infringement, copyright infringement, violation of publicity rights, unfair and deceptive trade practices, and unjust enrichment. They claim violations of Illinois and New Jersey law.

Tuesday's suit is not the first time Notorious B.I.G. LLC has gone to court over use of Biggie Smalls image. The company filed a similar suit in March 2019 against hip-hop photographer Chi Modu and a snowboard design company. The suit passed to Modu's widow after his death in 2021, and finally was dismissed following a settlement in January 2024.The plaintiffs' attorneys with the Chicago law firm Hart, McLaughlin & Eldridge did not return a request for comment.

Source: Courthousenews.com