US hip hop magazine The Source are suing the new media venture from its founders, David Mays and Ray 'Benzino' Scott, who were ousted from their original magazine by new owners last year. The lawsuit relates to the strapline used by Mays and Benzino's new magazine, Hip Hop Weekly, which boasts that it is "brought to you by the founders of The Source". While that is, in fact, a statement of fact, The Source's new owners say the line implies Hip Hop Weekly is somehow endorsed by or affiliated to their title, which, they say, amounts to unfair competition and trademark infringement.
The Source's legal rep Andy I Corea told AllHipHop.com: "The concern for The Source is that the masthead of Hip Hop Weekly is a problem because it creates some confusion as to whether or not the magazine has an affiliation with The Source. If you saw a restaurant and it had on the sign 'from the creators of the Big Mac' you would have every reason to think the company had an affiliation with McDonald's. That's how we feel about that language. You are entitled to make true statements and there is nothing that we are trying to do to interfere with the magazine, we just want some changes to that language in the masthead to prevent people from thinking that Hip Hop Weekly has an affiliation with The Source. We are open to other options, we just want people to know Hip Hop Weekly is not affiliated with The Source".
Representing Hip Hop Weekly, David J Finkler told AllHipHop.com: "We just received the cease and desist letter and we are evaluating it. I don't think there is any merit to the letter on first glance. I don't think that anyone can deny that Dave and Ray were the creators of The Source. We will respond accordingly".