July 30 (UPI) — A lawsuit filed against Cardi B over her debut album cover has been stayed by a California federal judge who ordered the rapper to find another attorney.
Musician and surfer Kevin Michael Brophy filed a lawsuit against Cardi B, whose legal name is Belcalis Almanza, in October 2017, just over a year after the release of her album Gangsta B**** Music Vol. . 1.
The album cover features Cardi B drinking a bottle of Corona Extra beer while apparently receiving oral sex from a man in the back of a car with the same distinctive design Brophy has tattooed on his back.
Brophy claims in the lawsuit that Cardi B “appropriated her likeness” while her attorneys argued that the inclusion of the tattoo was “transformative fair use” among other arguments.
Cardi B was represented by attorney Alan Dowling who suffered health issues that delayed the start of jury selection for the trial, which was due to start next week.
U.S. District Judge Cormac J. Carney, in his order Friday, postponed the start of the trial to Oct. 18 “due to the unavailability of defense counsel due to serious illness.”
The rapper has also been ordered to find another attorney, according to Law & Crime.
“We’ve been prepared to try this case for two years now,” Brophy’s attorney Larry Conlan said.
“Of course, we are not happy with another delay, but it will be brief, and our client can finally stop this invasion of his privacy and do justice.”