Robert Clivillés, one of the two founders behind the name C+C Music Factory, filed a federal lawsuit Friday against rapper Fredrick "Freedom" Williams, seeking at least $30 million in damages and demanding Williams stop using the group's trademark.
According to Rolling Stone, which obtained the filing, Clivillés alleges Williams committed trademark infringement and fraud with the United States Patent and Trademark Office, misrepresented himself as a founding member of the group, and collected money from performances and recordings without authorization.
The lawsuit is direct about what the name means and who it belongs to. "The name C+C Music Factory stands for Clivillés and Cole Music Factory. It refers exclusively to Robert Clivillés and David Cole, who created the group in New York City in 1990 and are the sole members of C+C Music Factory," the suit claims. "Defendant Freedom Williams served exclusively as a featured guest artist on specific recordings. … Mr. Williams was never a founder, co-owner, or a signed group member of C+C Music Factory."
Williams provided raps on two of the group's biggest hits, "Gonna Make You Sweat (Everybody Dance Now)" and "Things That Make You Go Hmmm..." Both songs made C+C Music Factory a household name in the early 1990s. But according to the lawsuit, Williams held only a production contract with Clivillés and Cole, and that contract ended in 1992.
David Cole died in 1995 at age 32. The suit alleges Williams began using the C+C Music Factory name for himself the following year, in 1996, and has continued doing so without authorization ever since. "Williams has been performing without authorization under the C+C Music Factory name, obtaining fraudulent trademark registrations in a name that refers to two other people, collecting five thousand to ten thousand dollars per unauthorized show worldwide, and most recently releasing commercial recordings and expanding the unauthorized use of the brand to entirely new parties," the suit alleges.
The filing traces the origins of the group back to the mid-1980s, when Clivillés and Cole met and began working together under several names. C+C Music Factory was formalized when Clivillés wanted to release a song he had written, "Gonna Make You Sweat (Everybody Dance Now)." The duo signed a deal with Sony before bringing in any contributing artists. "The foundational creative origin of C+C Music Factory therefore rests with Robert Clivillés as its originator, with David Cole joining as co-creator and partner," the suit claims.
Clivillés first met Williams around 1987, when Williams was interning at a recording studio. By 1989 they had formed a friendship, which led to Williams appearing on a Clivillés-produced single by a group called Seduction. In 1990, according to the suit, Williams signed a deal to serve as a "featured vocalist for hire, not a member."
The lawsuit draws a distinction between two models of recording acts: those driven by their members, like Earth, Wind and Fire and Boyz II Men, and what it calls the producer-driven featured artist model. Clivillés places C+C Music Factory firmly in the second category.
A representative for Williams did not respond to Rolling Stone's request for comment.
