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E-40 facing countersuit in trademark battle

Rapper E-40 has been hit with a countersuit as he fights the author of a book named after his 1993 hit Captain Save A Hoe.
The hip-hop star, real name Earl Stevens, initially claimed that writer Erika Kane and her publishers were ripping off the character he created and owns the rights to, accusing them of unfairly profiting from his work.
Stevens’ filing also stated that his Captain Save a Hoe trademark, which was filed in 2014 but has yet to be approved, includes clothing and entertainment services specified as “an ongoing series featuring comedy, action and adventure provided through television, online webcasts and radio broadcasts”.
He asked a judge to pull the recently-released books from retailers and award him proceeds from sales to date.
Now, Vodka & Milk Publishing officials have filed a counterclaim, in which they allege that Stevens’ trademark requests are incomplete, and his rights do not cover the Captain Save a Hoe trademark in books. They also allege that customers of the book series and fans of E-40 are different enough that there wouldn’t be any confusion, or cause anyone to think the books came from the rapper.
Vodka & Milk Publishing are seeking damages against Stevens, following his alleged requests that online retailer Amazon take the book down from its website. These requests are said to have caused Amazon to remove the book from sale, leading to other retail outlets stopping ordering the book. They claim they have been caused “irreparable injury, financial damage and loss of income”, all of which they want to be proven at trial.
Stevens’ attorney told Billboard.com they are planning to file a motion to dismiss the countersuit.

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