Source: Cindy Ord / Getty
The estate of the four-time Grammy-nominated rapper The Notorious B.I.G. has filed a lawsuit against iCanvas, a small printing company, and major retailers Target and Home Depot, accusing them of selling unauthorized canvas prints of the rapper’s iconic “King of New York” photograph.
According to court documents filed on Feb. 4 in federal court by the members of the Notorious B.I.G. LLC, the estate alleges that Target and Home Depot illegally sold prints produced by iCanvas, a company that the estate claims showed a “complete disregard for celebrities’ personality rights, lack of respect for artists’ efforts, and disdain for intellectual property law,” when distributing the image.
Shot by photographer Barron Claiborne in 1997, the photo features The Notorious B.I.G. wearing a shiny crown and a serious expression while seated against a red backdrop. The shot was taken just three days before the rapper’s tragic death in Los Angeles on March 9, 1997. Claiborne, who has joined forces with the late rapper’s estate to file the suit, highlighted the value of the $6 plastic crown worn by Biggie in the photo. The crown famously sold for nearly $595,000 at a 2020 Sotheby’s auction.
Claiborne and The Notorious B.I.G.’s representatives accused iCanvas of selling “The King of New York” prints without permission for over eight years. The lawsuit states that, in addition to iCanvas’s direct sales, the prints were also sold through major retailers such as Bed Bath & Beyond, Home Depot, Nordstrom, and Target, all of which are named as defendants. When contacted about the issue in 2023, Home Depot, Nordstrom, and Target reportedly removed the infringing products from their stores. However, the lawsuit claims that iCanvas and Bed Bath & Beyond have continued selling the prints.
The lawsuit argues that the unauthorized sale of the images not only violated Claiborne’s copyright over the iconic photograph but also breached federal trademark law and infringed on the rapper’s rights to his likeness.
“Defendants specifically chose to use Mr. Wallace’s persona, name, image, likeness, and related marks, and Mr. Claiborne’s K.O.N.Y. photograph series, in an attempt to capitalize on their fame and extraordinary financial value,” Biggie’s estate wrote in the suit. “Defendants, through their conduct, have caused, and will continue to cause, substantial irreparable injury to Mr. Wallace’s and Mr. Claiborne’s reputation and marketability, decreasing the number and value of future endorsement, collaboration, and partnership opportunities available to BIG, Republic, and Mr. Claiborne.”
Both parties stated that they have collaborated closely with Republic Merchandising Inc., a California-based company that manages merchandising related to The Notorious B.I.G., which is also named in the complaint. According to the legal document, Mr. Claiborne’s careful stewardship of his “King of New York” (K.O.N.Y.) photograph series, which has involved strategic licensing and a longstanding partnership with BIG and Republic, has been key in preserving the photograph’s legacy, relevance and value.
In 2023, Claiborne launched an exclusive auction titled “THERE CAN ONLY BE ONE,” a cutout from the original contact sheet from “The King of New York” shoot. Bidding for this iconic piece began at $95K, with the auction available directly on his website, according to a video posted on his Instagram page.
Additionally, Claiborne released a limited-edition NFT version of the iconic photo, with only 100 NFT tokens made available, the same year.
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