Cardi B Seeks to Dismiss Theft Dispute Over Hit Single ‘Enough’

Rapper Cardi B asked a judge to toss out a lawsuit saying the she stole copyrights owned by musical duo Kemika1956 to make the song “Enough (Miami).”

The duo sued only because it realized it lacked a copyright in their song “Greasy Flybread” —but it “cannot circumvent the need for a copyright registration merely by framing their claim under common law,” the artist’s lawyers said according to the motion to dismiss filed Monday in the US District Court for the Southern District of Texas.

The duo, Joshua Fraustro and Miguel Aguilar sued the rapper, as well as Atlantic Records and Warner Music Group, in July. But the lawsuit shouldn’t proceed because the court also lacks personal jurisdiction over the claims, the filing said.

“Plaintiffs have not alleged any jurisdictionally relevant contacts with this forum,” the motion said. “Nor could they. At best, Plaintiffs might have pleaded—but did not—that copies of the allegedly infringing song “Enough (Miami)” have been sold online and distributed to this forum. But that too would be insufficient to confer personal jurisdiction without any evidence that this forum was purposefully targeted.”

DLA Piper LLP represents Cardi B. Robert R. Flores PC represents Kemika1956.

The case is: Fraustro et al v. Almanzar et al, S.D. Tex., 7:24-cv-00264, motion to dismiss 9/30/24