The lawsuit was filed in Texas on Wednesday (July 3) by musicians Joshua Fraustro and Miguel Aguilar (aka Kemika1956), who claim that Cardi B ripped off their track, Greasy Frybread.
According to the lawsuit, Joshua Fraustro and Miguel Aguilar created their own song, Greasy Frybread in 2021. The track was released by the label Tattoo Muzik Group Studios on November 9, 2021.
They claim that “this song has gained significant recognition”, and note that it was used as a promo for the hit FX series “Reservation Dogs”.
Cardi B’s Enough (Miami) was released over two and a half years later in March 2023 via Atlantic Records. The track has been streamed over 46.2 million times on Spotify alone.
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The track peaked at No.9 on the US Hot 100.
According to the lawsuit, the “Defendants have infringed Plaintiffs’ copyright in the musical composition Greasy Frybread by reproducing, distributing, and publicly performing the Infringing Work”.
Atlantic Records and parent company Warner Music Group are also named in the suit. The lawsuit also names the song’s producers OG Parker and DJ SwanQo.
Elsewhere in the lawsuit, which you can read in full here, Joshua Fraustro and Miguel Aguilaralso accuse Atlantic Records and Warner Music Group of vicarious infringement for “having the right and ability to supervise the infringing activity and also having a direct financial interest in such activities”.
They also claim that the defendants’ actions “have caused confusion among consumers or harmed the plaintiffs’ business reputation, constituting unfair competition”.
Joshua Fraustro and Miguel Aguilar are also seeking a preliminary injunction and a Temporary Restraining Order (TRO) to “immediately halt” the alleged “ongoing infringement” of Greasy Frybread.
They have asked the court to grant them statutory damages for willful infringement; An order requiring the defendants to “recall and destroy all infringing copies”; attorneys’ fees and costs; and “declaratory relief establishing Plaintiffs’ ownership of the copyright in the musical composition Greasy Frybread”.Music Business Worldwide