Out-Law News 3 min. read

50 Cent claims Taco Bell 'stole' his endorsement


Rapper 50 Cent is suing an American fast food chain claiming that its invitation to him to change his name to 79, 89 or 99 Cent is trade mark infringement. He claims that Taco Bell used his image and trade marks to promote itself without his permission.

Taco Bell, a US fast food outlet specialising in Mexican-style meals and snacks, wrote to Eminem protégé 50 Cent inviting him to change his name to help advertise a new pricing structure for its food. It also sent the letter to newspapers.

"Dear Mr. Jackson," said the letter, referring to 50 Cent's real name, Curtis Jackson. "For just a few spare coins, we’re giving consumers more variety for less money with our new 79-89-99 Why Pay More value menu…so here’s our offer of change to you: For one day this summer, change your name either 79 Cent, 89 Cent or 99 Cent by showing up to one of our more than 5,600 locations nationwide and rapping your order in the drive thru with your new moniker."

"We'll serve the guests of the chosen location with plenty of free Why Pay More menu items. And we'll reward more than just customers – we'll also make a $10,000 contribution to a charity of your choice," it said.

Taco Bell has now been sued by 50 Cent, who says that the chain made use of his identity and trade marks to promote itself without the usual agreement and payment involved in celebrity endorsement deals.

"The 'letter' was no more than a print ad highlighting Jackson's name, persona and trademarks to promote Taco Bell's new hip-hop based advertising campaign," said the suit, filed in the district court for the Southern District of New York. "Thus, without authorization, Taco Bell traded on the name of the world's biggest hip-hop star…and generated massive publicity for its business."

"However, Taco Bell violated federal and state law when it traded on Jackson's name, persona and federally-registered trademarks without any authorization," it said.

The suit says that the company would have had to pay millions of dollars for 50 Cent's endorsement, and that it had tried to find a way to get that for just a $10,000 charity donation.

Previous UK cases have established that celebrities are protected from use of their identities in endorsements without their permission.

Iain Connor, an intellectual property specialist with Pinsent Masons, the law firm behind OUT-LAW.COM, said that 50 Cent would likely have the stronger argument if such a dispute came before a UK court.

"In the UK there would be an argument of passing off. 50 Cent would say that Taco Bell is passing its adverts off as being endorsed by him when there is no such endorsement. A paid endorsement from 50 Cent would be expensive and the fact that Taco Bell is poking fun at the rapper's name is unlikely to defeat his claim."

Connor pointed to two previous rulings on the subject. In 2003, racing driver Eddie Irvine won damages from radio station TalkSport Radio after it used his image in an advert without his permission. Initially Irvine was awarded just £2,000 but he appealed successfully. The Court of Appeal said the trial judge was wrong to dismiss Irvine's claim that "he would not get out of bed for less than £25,000." The Court of Appeal raised the damages figure to £25,000.

In another case, the late MP Alan Clark sued Associated Newspapers after its London title the Evening Standard ran a spoof diary series called Alan Clark's Secret Political Diary, intended as a parody of the politician's famous memoirs. The court ruled that Associate Newspapers was liable for passing off and false attribution of authorship. Clark won damages and the newspaper was banned from continuing to publish the diary without making clear that Clark was not the author.

"Some might say that English courts showed a sense of humour failure in the Clark judgment," said Connor. "But our intellectual property laws don't yet recognise a right of parody. So over here, to do as Taco Bell has done would be something of a gamble."

The 50 Cent suit explains that the rapper is careful about what products he does endorse, and claims that he has turned down many millions of dollars' worth of endorsement opportunities.

"To prevent any diminution of the public's perception of him, Jackson has limited his endorsement activities to products of the highest quality," it said. The suit claims that Taco Bell's actions have "caused confusion in the marketplace among consumers and potential endorsement partners of Jackson, all of whom are likely to believe that the 79-89-99 Cent Ad Campaign and Taco Bell are endorsed by Jackson."

"Defendant's publicity stunt not only 'stole' a multi-million dollar endorsement, but it also cheapened Jackson's brand, thus making his endorsement worth less to potential marketing partners," it said.

The suit demands at least $1 million in damages from Taco Bell and an injunction against it using 50 Cent's name or trade marks again.

We are processing your request. \n Thank you for your patience. An error occurred. This could be due to inactivity on the page - please try again.