Rapper IDK Calls Out Popeyes Over Trademark Because He’s Trademark Illiterate

from the clearly-you-don't-know dept

I’ll preface this post with this short bit of throat-clearing: no writer or reader of this site should expect the average person on the street to understand the nuances of intellectual property at the same level of those of us interested in the topic. The law is complicated and nuanced, and the layperson is simply not going to have the background that some of us have.

That being said, I very much would expect — nay, demand — that anyone going on the attack with threats over intellectual property concerns know what the hell they’re talking about when they do so. Take Jason Mills, a rapper known better by his nom de plume “IDK”. Mills trademarked his stage name, as one would expect. But then, as one would not expect, he apparently took issue with the following announcement from Popeyes.

You get the bit. “IDK” is shorthand for “I don’t know” and Popeyes created a meal those those who could say, “I didn’t know I needed this meal”. Mildly clever at best. But, to be fair, far more clever than IDK’s response on Twitter.

Okay, so let’s unpack this. First, there are a handful of people on Twitter telling IDK that they thought he got his own meal through Popeyes. I’m talking about a couple of people here. That counts for some measure of confusion, though I’d argue it’s extremely limited and… kind of dumb?

Especially when you consider IDK’s main salvo here: “y’all know I own the trademark for IDK?” And this is where the nuance in trademark law comes into play. See, Mills does indeed have a trademark for “IDK,” but specifically in the markets for audio/video recordings, apparel, and live music concerts. You know, rap artist stuff. What his trademark doesn’t do is let him control the use of “IDK” in the area of slingin’ chicken meals, which is what Popeyes is doing with it.

Not to mention that “IDK” is a very commonly used acronymn, as previously discussed. Even some of the replies to IDK seem to get that.

So there’s no real legal action to be had here. Popeyes’ use is perfectly legit. IDK can take away a more nuanced understanding of trademark law from this. But what can’t be done is simply saying, “Hey, I own the trademark on this” as though that were any kind of threat.

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Companies: popeyes

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Comments on “Rapper IDK Calls Out Popeyes Over Trademark Because He’s Trademark Illiterate”

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67 Comments

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Anonymous Coward says:

It’s pretty simple you get a trademark in a field, eg music, clothing, does not mean you invented idk, apple has the trademark for apple computers, apple tech computing devices, phones tablets pcs it does not sue people who sell apples or even people who sell clothes with pictures of apples or other fruit.
Eg he can’t claim he invented idk nor can sue anyone who uses the term idk in other industry’s outside the music area.
But then the average musician is not an expert in trademark law also America has free speech laws you can’t own simple basic words or stop people using them in general speech

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Anonymous Coward says:

As IDK is black, I believe Popeyes owes him reparations. I mean, come on. It’s 2022. It’s time for white folks to PAY what they owe our black brothers and sisters. Stealing his trademark is worth what, at least 25 million bucks? This is much more serious than not waving to black children in a Sesame Street parade, right? Pay up, bigots.

Anonymous Coward says:

Re:

All Popeyes’ owes IDK (the rapper) is a press release saying that their meal is not a trademark violation and that he is more than welcome to talk with them to strike a sponsorship deal or something.

And that is if the company is feeling generous.

IDK is hopefully overreacting here, but maybe he’s that petty…

That Anonymous Coward (profile) says:

He obviously isn’t paying his legal team enough, because if they were smart they would have stopped him before he shot off his mouth & made himself look a fool.

IDK what IDK was thinking but perhaps being in the center of it means he can’t see the reality of the situation, its a common texting shorthand, he only has control over it in very limited settings and IDK how he decided he gets to control every use of IDK out there… he gonna sue apple and google next to tell him how many times people texted IDK so he can get paid?

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DBA Phillip Cross says:

Re: Re:

Learn to read, asshole.

And:

[Citation or GTFO]

Coming from someone who supports forever wars, and the bombing and decimation of the entire non-European world–and your support for Ukrainian Nazi’s–calling me a racist is a tough sell to anyone, esp. in light of my comment directly above your asinine Nazi shitposting..

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Anonymous Coward says:

Re: Re: Re:3 Different rapper, not that you would be able to tell

And I am whatever you say I am
If I wasn’t, then why would I say I am?
In the paper, the news, every day I am
Radio won’t even play my jam
‘Cause I am whatever you say I am
If I wasn’t, then why would I say I am?
In the paper, the news, every day I am, huh
I don’t know, it’s just the way I am

bhull242 (profile) says:

Re: Re: Re:

Coming from someone who supports forever wars, and the bombing and decimation of the entire non-European world–and your support for Ukrainian Nazi’s […]

[citation needed]

esp. in light of my comment directly above your asinine Nazi shitposting..

While I wouldn’t say that your comment shows you to be a racist per se, racists accuse others of racism all the time, so this isn’t a defense against that claim.

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John85851 (profile) says:

Two things to consider

First, it may not be so much a trademark issues as an endorsement issue. As in, the rapper thinks some of his friends think the use of IDK means he’s made a deal with Popeyes to sell their chicken.

Second, as most readers of this site should know, lawyers will do anything if they can bill their client. Copyright lawyers should know IDK doesn’t have a case, but they make a fuss over the issue so they can make some money.
Ethically, lawyers should tell their clients when they don’t have a case, but how often does that happen?

PaulT (profile) says:

Re:

“First, it may not be so much a trademark issues as an endorsement issue. As in, the rapper thinks some of his friends think the use of IDK means he’s made a deal with Popeyes to sell their chicken.”

Then, maybe that’s a lesson? If you want to build a brand, don’t try using a very well known acronym or term that was in common use before you were born?

That seems to be the main problem in a lot of these cases – they tried co-opting something that they didn’t actually come up with.

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