Afeni Shakur Sues: Death Row Halts Tupac Merchandise

Original: “Death Row To Halt Sale Of Tupac Merchandise” · MTV News · no byline · December 23, 1996

Three months after Tupac’s death, the legal battle over his estate began with hats and T-shirts. An order form inside the double album All Eyez on Me had brought in millions-revenue that bypassed the family. In December 1996, Death Row Records agreed to halt the sale of merchandise for the time being. It was the first response to a lawsuit brought by his mother.

Millions in Sales Without a License

Afeni Shakur had filed suit in federal court on December 13, 1996, alleging trademark infringement. Her claim: through the order form, the label had sold millions of dollars’ worth of hats, T-shirts, and sweatshirts bearing Tupac’s name and likeness without holding a license. The manufacturer and distributor of the goods also halted sales in response and paid potential proceeds into a court-supervised account.

An Early Victory for the Estate

As early as December 20, 1996, U.S. District Judge William Matthew Byrne issued a preliminary injunction, which he made permanent in January 1997: Death Row and the participating companies were barred from selling any more merchandise bearing Tupac’s name or likeness. In addition, they had to turn over 18 percent of the proceeds from the final quarter of 1996 to the estate.

From then on, money generated from Tupac’s name and likeness flowed to the estate. In September 1997, the Associated Press counted this decision among the estate’s few clear victories (see Tupac’s legacy in court).

Control Over His Own Image

The fact that Afeni Shakur started right with merchandise was no coincidence. Merchandise was a lucrative side business for Death Row, and for the family, it was also about who would control Tupac’s image in the future.

The move paved the way for more far-reaching claims. In April 1997 came the major $17 million lawsuit over royalties and unreleased recordings.

Today, the estate markets Tupac’s name itself-from clothing to the major exhibition Wake Me When I’m Free, which opened in Los Angeles in 2022.