Ruben Studdard Sues Clothing Maker
BIRMINGHAM, Ala. – “American Idol” winner Ruben Studdard has sued hip-hop clothing maker 205 Flava Inc., saying the company wrongly profited from his image after he wore its jerseys on the singing competition.
The lawsuit, filed Wednesday by Birmingham attorney Byron Perkins and New York attorneys Tom J. Ferber and David S. Levine, seeks an injunction to stop the unauthorized use of Studdard’s image.
Studdard wore the oversized jerseys adorned with the number 205 ó the area code of his hometown, Birmingham ó at the beginning of the Fox reality series, but stopped wearing them and spruced up his image as the competition got tighter.
The lawsuit says the defendants have unfairly and unlawfully exploited and capitalized on Studdard’s popularity.
It estimates the company has made at least $2 million in sales after exploiting Studdard’s image, and that Studdard is entitled to some of the profits.
Flava founders Frederick and Willie Jenkins of Birmingham are named as defendants. Birmingham attorney LaVeeda Battle, who has done work for the company, said she was shocked and disappointed a lawsuit has been filed. She said it’s untrue the brothers exploited Studdard.
“They have bent over backwards to help him, and they are really disappointed in his conduct at this point,” she told The Birmingham News for a story Friday.
Perkins said Thursday he asked the company in a letter months ago to stop using Studdard’s image to sell shirts, and that the company agreed to stop. But he said Studdard’s picture remains prominently displayed on the Web site.
Perkins also said Studdard has tried to work with Flava in resolving the issue, but the company has refused to produce financial books and records he requested.
“We feel very strongly that 205 Flava benefited from their relationship,” Perkins said. “I can’t advise my client what’s fair and equitable to him unless I have some idea as to how much their income changed prior to Ruben Studdard and ‘American Idol’ and after.”
When Studdard became one of 32 finalists on the show’s second season, he approached the store owners about wearing a jersey to support his hometown. The lawsuit said the original jerseys displayed a small 205, but that Studdard asked for a larger print of 205 on the front.
The singer began wearing the shirts, and fans around the world started ordering them. Studdard won the competition in May and secured a recording deal. He and the Jenkins brothers parted ways in June, with Studdard saying he would no longer wear the shirts.
Studdard has declined to say what the rift was about. The Jenkins brothers have said the differences concerned money.
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