Jelly Roll is facing a federal lawsuit from a well-known Philadelphia wedding band called Jellyroll, claiming the rapper's stage name infringes on the band's copyright.
In a complaint filed Monday in federal court, attorneys for Kurt Titchnell accused the rapper-turned-country singer (Jason DeFord) of infringing his trademark on Jellyroll — the name he used for decades for an act Philadelphia Inquirer has been billed as “Philly's favorite wedding band.”
The lawsuit claims Jelly Roll's growing popularity — his “Need A Favor” hit No. 13 on the Hot 100 in November — has flooded the market with his name, making it difficult for prospective customers to find Titchenell's band .
“Prior to the defendant's recent rise in notoriety, a search of Jellyroll's name … returned references to the plaintiff,” his attorneys wrote in their complaint, which received Advertising sign. “Now, any such Google search returns multiple references to the defendant, perhaps as many as 18-20 references, before any reference to the plaintiff's dance entertainment group known as Jellyroll is found.”
News of the lawsuit against Jelly Roll was first reported by Court Watch.
Titchnell claims to have used the name for his band since 1980. In 2019 Questioner article about the band's 40th birthdayu anniversary, the newspaper described Jellyroll as a group that almost every Philadelphian has probably heard at one point or another, at one of thousands of weddings, galas and other public events.
In media interviews, Jelly Roll said his mother gave him the nickname when he was a child. He used the name on a mixtape released in 2003 under the name The Plain Shmear Tapeand then on dozens of subsequent releases over nearly two decades as a little-known Nashville rapper.
The two artists seem to have coexisted peacefully until recently, when Jelly Roll climbed the charts and became a household name. Following the success of 2021's “Son of a Sinner” and last year's “Need A Favor,” he was nominated for Best New Artist at this year's Grammy Awards and won a trio of major awards at this year's Country Music Awards.
In Monday's lawsuit, Titchenell's attorneys say they sent a cease-and-desist letter to Jelly Roll in February, which led to “several conversations” about the naming issue. But they say no resolution was reached – and even suggested they felt insulted in the process: “At one point the defendant's counsel asked if the defendant was really in competition with the plaintiff.”
Now, they're seeking an immediate injunction that would prevent him from using the name “Jelly Roll.” They specifically pointed to an upcoming concert at Philadelphia's Wells Fargo Center in October.
“Despite its demand to cease and desist from using the plaintiff's service mark, the defendant has ignored this demand and continues to use the plaintiff's service mark knowing that it continues to irreparably harm the plaintiff, but nevertheless has callously disregarded the plaintiff's rights to its own service marks,” Titchenell's lawyers write.
An attorney for Jelly Roll did not immediately return a request for comment Friday.
