The #CashMeOusside Child May Be Sued for Trademark Infringement

So...the "cash me ousside how bow dah" girl may actually be sued for trademark infringement by Hanesbrands, Inc. - owner of Champion sportswear. And I'm so confused about how we got here. If you're active on social media, you've probably seen people using "cash me ousside - how bow dah" as some strange inside joke. This article outlines the basis of what is going on in our crazy world, with a very brief explanation of trademark law and parody.

So…the “cash me ousside how bow dah” girl may actually be sued for trademark infringement. And I’m so confused about how we got here. If you’re active on social media, you’ve probably seen people using “cash me ousside – how bow dah” as some strange inside joke. 

The weird phrase comes from a February 2017 episode of Dr. Phil. Here’s the relevant 30 seconds or so of the show:

The internet, in true internet fashion, latched on to cash me ousside – how bow dah and now it is used as a response to just about everything

me when i walk into class every morning @BregoliDanielle #drphil #cashmeoutside#cashmeousside— Prank Siblings (@pranksiblings) February 11, 2017

Even Taraji P. Henson, my BFF in my head, had some fun with it last week.

Also in true internet fashion, the young lady from Dr. Phil is trying to cash in on her 1.5 seconds of internet fame. Danielle Bregoli, the 13-year old young lady from the episode, now has merch using the phrase Cashmeousside and has appeared in a rap video for Kodak Black’s “Everything 1K” wearing her Cashmeousside“line.”

Though I can’t knock Bregoli’s hustle, it seems that at least one company is trying to. According to TMZ, Hanesbrands Inc., the company that owns Champion sportwear, recently sent Bregoli a cease and desist letter because her merch allegedly infringes their trademark.  

She’s been seen wearing her merch out and about, including in the Kodak Black video. As shown in the photo, the stylized “C” in cashmeousside looks nearly identical to Champion’s logo, which you can see in the screenshot from Champion’s website:

Unsurprisingly, Bregoli got a stop-this-right-now message from Hanesbrands with a quickness. According to TMZ, Hanesbrands says that they sent Bregoli the letter because they want to protect the “extensive consumer goodwill and reputation” associated with their brand. They gave her a week to stop going out doing whatever it is she’s doing with her merch.  

I must say, Hanesbrands is exactly right to do so. The Champion brand is based on athletic apparel, including t-shirts, sweatshirts and the like. And, that stylized “C” is certainly part of their registered trademark portfolio:

Suprisingly, Breglio may have a so-so-but-probably-losing argument that this isn’t illegal because her use looks like a parody (though the “C” on the sleeve probably goes to far). There was a trademark lawsuit and appeal about something similar a few years ago involving Louis Vuitton Malletier S.A. (“Louis Vuitton”) and a company called Haute Diggity Dog, LLC (“HDD”). Louis Vuitton claimed that HDD’s dog chew toys infringed their trademarks and copyrights:

Louis Vuitton ultimately lost the case, and the appellate court’s ultimate decision was grounded in the nature of the products as parody. 

Even so, this probably isn’t a battle Breglio wants to fight. The facts in the Louis Vuitton case were highly specific and involved products mostly in different markets. Breglio would do herself a favor by moving on to something else quickly.  

Trademark lawsuits can get really expensive and messy really quickly. Even for the winners — HDD in the lawsuit mentioned above spent more than $300K in legal fees and said the case almost ruined them. 

I imagine Breglio hasn’t made that much on her merch. And I also imagine that her 1.5 seconds of fame are juuuust about up. So, if you haven’t already gotten your Cashmeousside hoodie, you’re probably out. of. luck.  

Final thought: Though cash me outside – how bow dah has gone viral, the most hilarious part of this video to me is Dr. Phil needing a translator: 

Dr. Phil: “Did you say the hoes are laughing? So the audience are a bunch of hoes??”

Dr. Phil just couldn’t understand the words from this lil girl’s mouth, and his reactions truly cracked me up. Apparently, Breglio’s “accent” comes from “the streets,” according to her mom. If she’s that connected to the streets, she might wanna give ’em a call. Because any lawsuit with Hanesbrands could just put her and her family out there in them.

Final final thought. I hope she gets the help she needs. Because she’s only 14 (!) years old and she is already finding herself in all kinds of legal trouble, both related to trademark and criminal law

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