<\/p>\n
\n\tIf you were thinking about selling unauthorized Rod Wave<\/a> merch outside one of his concerts, you might want to think again.<\/p>\n \n\tThe \u201cRags2Riches\u201d rapper won a federal court order Tuesday empowering law enforcement to seize bootleg merchandise sold outside his Charlotte concert on Wednesday, regardless of who was selling it.<\/p>\n \n\t\u201cThe United States Marshals Service and state and local law enforcement officers may seize and impound any infringing merchandise (i.e. unauthorized goods bearing the full name Rod Wave) that is found for sale between 3:00 PM on Wednesday, November 15, 2023 and 3:00 AM on Thursday, November 16, 2023 and is within 5 miles of the Spectrum Center in Charlotte, North Carolina.\u201d<\/em><\/p>\n \n\tWave is the latest artist to turn to the courts to fight fake merch. Metallica<\/a>\u2018s authorized vendor filed a similar case in October to quash bootleggers at two St. Louis shows, and SZA<\/a> won a similar seizure ruling ahead of a September show at TD Garden in Boston. Post Malone<\/a>, Cher<\/a>, Beyonce<\/a>, Jay-Z<\/a>, Bruno Mars<\/a>, Motley Crue<\/a>, Def Leppard<\/a>, Jimmy Buffet<\/a>, Aerosmith<\/a>, Dead & Co<\/a>. and many others have filed similar cases, which argue that such unauthorized gear violates artists\u2019 trademarks as well as their likeness rights.<\/p>\n \n\tThose cases \u2013 and the legal bills it takes to fight them \u2014 are a sign of just how valuable concert merch has become to artists. According to data from atVenu, the average concertgoer spent $8.16 on t-shirts, posters and other goods in 2022, a 46% leap from what they spent back in 2019. The average show brought in a whopping $20,778 in gross merch sales.<\/p>\n \n\tRestraining orders and injunctions typically require a plaintiff to identify who they\u2019re targeting \u2013 a fundamental legal safeguard designed to allow an accused party to defend themselves. But like other judges in previous fake merch cases, Judge Kenneth D. Bell<\/strong> ruled the order should apply to any \u201cJohn Doe\u201d bootleggers who show up at the venue.<\/p>\n \n\t\u201cIt is impossible to identify potential defendants until they have already begun to infringe upon Mr. Green\u2019s trademarks, at which point he will have suffered irreparable injuries,\u201d the judge wrote. \u201cThe lost profits at even one venue may be significant. Counsel has stated that it is impossible to identify defendants in advance and difficult even to ascertain their identities when confronted at the venue.\u201d<\/p>\n \n\tThe judge included key limits in his ruling. He required Wave to post a $5000 security bond to cover any merchandise that was wrongfully seized, and said that any alleged bootleggers should be \u201cimmediately served\u201d with the lawsuit and \u201cgiven a receipt if merchandise is seized.\u201d Such defendants can then challenge the order in court<\/p>\n \n\tBut Judge Bell also paved the way for Wave to win a more-expansive injunction that \u201creaches beyond Charlotte,\u201d banning bootleggers and allowing for seizures at \u201cfuture stops on his tour.\u201d A hearing on such an order is set for later this month, where Wave himself must be present and his lawyers will \u201cbring representative samples of any seized merchandise.\u201d<\/p>\n