Legendary Hip-Hop Artist E-40 filed a lawsuit against an author by the name of Erika Kane for stealing the title of her book from his hit song “Captain Save a Hoe.”
in 1994, E-40 (born Earl Stevens) released his hit track “Captain Save a Hoe” featuring The Click. The song did fairly well, rising to number 94 on the Billboard Hot 100. Now, more than two decades later, the song is making headlines again.
Court documents obtained by TMZ claim that E-40 owns the rights to “Captain Save a Hoe.” However, Kane is selling her book in popular stores like Target and Barnes and Noble and profiting off of the name.
The Bay-area legend has asked a judge to pull Kane’s book from shelves and for any money she has made from it so far. It seems like E-40 has an actionable suit as he currently has an active trademark with the USPTO for “Captain save a Hoe.”
E-40’s trademark for “Captain Save a Hoe” covers everything from bandanas and hats to entertainment services and radio broadcasts.
What is trademark infringement?
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
What happens when a trademark is infringed upon?
1. A court order (injunction) that the defendant stop using the accused mark
2. An order requiring the destruction or forfeiture of infringing articles
3. Monetary relief, including defendant’s profits, any damages sustained by the plaintiff, and the costs of the action; and
4. An order that the defendant, in certain cases, pay the plaintiffs’ attorneys’ fees.
What do you think? Is Kane profiting off of the name? Let us know your thoughts in the comments section below.