From [HERE] A federal Magistrate Judge in California dismissed a trademark suit against Robinhood brought by rapper and actor O’Shea Jackson, also known as Ice Cube, who claimed the financial trading app’s use of his image and paraphrasing of his catchphrase “Check yo self before you wreck yo self” deceptively created the impression that he endorses the company’s services. According to Magistrate Judge Laurel Beeler’s (a white Obama appointee) ruling:

The graphic and caption illustrate Robinhood’s online article describing a market correction for tech stocks. The original line from Ice Cube’s song is “” which Robinhood paraphrased as “Correct yourself before you wreck yourself.” “Check yo self” is also Ice Cube’s catchphrase. He claims that by using his image and catchphrase, Robinhood created the false and deceptive commercial impression that Ice Cube endorses Robinhood’s services and violated the Lanham Act. 15 U.S.C. § 1125(a)(1)(A).1 The court previously dismissed the case for lack of standing because the plaintiff did not plausibly plead that Robinhood’s use of Ice Cube’s identity suggested his endorsement of Robinhood’s products. The amended complaint does not cure the previous complaint’s deficiencies. The court thus grants Robinhood’s motion to dismiss.

The amended complaint cites congressional testimony and SEC filings to illustrate that Robinhood Snacks is a commercial product that entices new users to sign up for the app and offers digestible educational content that also satisfies certain financial regulatory requirements.3 It adds allegations about its demographics and the appeal of celebrities like Ice Cube (and its celebrity endorsers Jay-Z, Nas, and Snoop Dog) to support the point that using Ice Cube’s picture and phrase created consumer confusion and suggested Ice Cube’s endorsement of its products.

The amended complaint falls for the same defect found in the original: it does not sufficiently plead an injury in fact because Robinhood’s use of Ice Cube’s image and phrase does not suggest Ice Cube’s endorsement of Robinhood’s product.

Ice Cube is a celebrity. If the unauthorized use of his image suggested his endorsement of Robinhood, then he would suffer injury in fact. But the image and phrase are not an endorsement: they illustrate a point in the newsletter about a market correction in tech stocks