Jay-Z’s birthday-branded D’Usse bottle has sparked a new lawsuit. According to The Blast, Benard Creative is filing a new lawsuit against D’Usse Spirits, a.k.a Bacardi U.S.A after designing specialty bottles and marketing for the rapper’s 50th birthday party. Benard “specializes in developing brand and design strategies for luxury brands.” Jay-Z, however, is not listed or a party involved in the lawsuit.
Bacardi, who distributes D’usse, reached out to Benard for their marketing services for the cognac in promotion of Jay’s 50th. The company handled designs and ad campaigns for D’usse XXO Cognac, a limited bottle that included a new design. Additionally, the company designed and created a special glass decanter. Benard claimed they got to place ads in major publications such as New York Times, L.A. Times, and Miami Herald with a very short amount of time due to the relation to Jay’s birthday.
Although Benard did issue invoices, it appears as though they haven’t received any payments, even after requesting for payments on several occasions. “The implied agreement between D’usse Spirits and Bacardi with Benard resulted from all the facts and circumstances regarding Jay-Z’s 50th birthday celebration promotion,” the company said. “As a result of the defendant’s breach of contract and its failure to comply with the payment terms of plaintiff’s invoices, Benard is entitled to receipt of the sum of $186,197.19 together with interest from December 2, 2019.”
Benard is seeking the amount from the invoices as well as unspecified damages.