Drake Appeals Defamation Case After Lamar’s “Not Like Us” Diss
Andre Martin | Last Updated : October 29, 2025The legal dispute between musical artist Drake and Universal Music Group (UMG) has escalated, with Drake officially filing a notice of appeal in his defamation case stemming from Kendrick Lamar’s highly publicized diss track, “Not Like Us.” This move comes after a federal judge dismissed Drake’s initial lawsuit against the music giant in October 2025.
Background of the Defamation Lawsuit
The origins of this legal battle trace back to January 2025, when Drake initiated a lawsuit against Universal Music Group. He alleged that UMG, the parent company distributing music for both himself and Kendrick Lamar, engaged in defamation by intentionally publishing and promoting “Not Like Us.” The song, released in May 2024 amidst an intense rap feud between the two artists, contained lyrics that Drake claimed made false and damaging accusations against him, including insinuations of pedophilia with lines such as “I hear you like ’em young” and “Certified Lover Boy? Certified pedophile.”
Drake contended that these allegations not only sullied his reputation but also diminished his brand’s value. His lawsuit also pointed to the song’s cover art, an aerial photo of his Toronto home overlaid with sex offender markers, which he argued was “obviously exaggerated and doctored” and further contributed to the defamatory narrative.
Beyond defamation, Drake’s legal team also alleged that UMG employed deceptive business practices, including the use of bots and “payola” tactics to artificially inflate the song’s streaming numbers and popularity, thereby amplifying the alleged defamation and potentially harming his leverage in contract negotiations. Lamar was notably not named as a defendant in Drake’s suit; instead, Drake focused his claims on UMG for their role in distributing and promoting the track.
The Initial Dismissal and Judge’s Ruling
On October 9, 2025, U.S. District Judge Jeannette A. Vargas dismissed Drake’s lawsuit in its entirety. Judge Vargas ruled that the lyrics in “Not Like Us” constituted “nonactionable opinion” rather than verifiable factual statements, a key distinction in defamation law.
In her detailed opinion, Judge Vargas emphasized the context of the song’s release: a “heated rap battle” between Drake and Lamar, which she described as “perhaps the most infamous rap battle in the genre’s history”. She stated that a “reasonable listener” would not interpret the lyrics of a diss track as conveying objective facts, given the “incendiary language and offensive accusations hurled by both participants”. The judge noted that diss tracks are typically not “the product of a thoughtful or disinterested investigation, conveying to the public factchecked verifiable content”.
The court also rejected Drake’s arguments that “Not Like Us” should be assessed in isolation, stressing that the songs released during the rap battle were “in dialogue with one another” and “must be read together to fully assess how the general audience would perceive the statements”. Furthermore, claims regarding UMG’s alleged manipulation of streaming numbers were dismissed due to insufficient evidence, as Drake’s complaint relied on online comments and fan reporting which the court deemed inadequate to meet the plausibility standard.
UMG expressed satisfaction with the dismissal, calling the lawsuit “an affront to all artists and their creative expression”.
Drake’s Grounds for Appeal
Drake’s legal team immediately signaled their intent to appeal the dismissal, and on October 29, 2025, they formally filed a notice of appeal with the U.S. Court of Appeals for the Second Circuit. While the initial filing only states the intent to appeal, the specific legal arguments will be elaborated in a forthcoming appellate brief.
It is anticipated that Drake’s appeal will challenge Judge Vargas’s interpretation of “nonactionable opinion” within the context of artistic expression and public debate. His legal team may argue that, despite the nature of a rap battle, certain accusations cross a line into verifiable falsehoods that cause tangible harm to reputation, especially when amplified by a major music label. They may also seek to re-emphasize UMG’s alleged culpability in promoting content they supposedly knew to be defamatory, and potentially revisit the arguments regarding alleged deceptive practices in boosting the song’s success.
Implications and Future Steps
This appeal prolongs a significant legal drama that has captured the attention of the music industry and beyond. The outcome could have far-reaching implications for how defamation is defined in artistic contexts, particularly within rap and hip-hop, where “diss tracks” are a well-established form of expression. It also raises questions about the responsibility of record labels in promoting content created by their artists.
The appeals process at the Second Circuit typically spans several months, indicating that a resolution for this case may not arrive until well into 2026. If the appeals court sides with Drake, it could lead to further litigation and potentially a re-examination of the original lawsuit’s merits.
Frequently Asked Questions (FAQ)
Q1: Who did Drake sue in this case?
Drake sued Universal Music Group (UMG), the parent company that distributes music for both Drake and Kendrick Lamar. He did not directly sue Kendrick Lamar.
Q2: What was the primary reason the judge dismissed Drake’s initial lawsuit?
U.S. District Judge Jeannette A. Vargas dismissed the lawsuit, ruling that the lyrics in Kendrick Lamar’s “Not Like Us” were “nonactionable opinion” rather than factual statements, especially when considered within the context of a heated rap battle.
Q3: What specific accusations did “Not Like Us” make against Drake?
“Not Like Us” included lyrics that implied Drake was a pedophile, with lines like “I hear you like ’em young” and “Certified Lover Boy? Certified pedophile.” The song’s cover art also depicted Drake’s home with an overlay of sex offender markers.
Q4: What are the next steps in this legal process?
Drake has filed a notice of appeal, initiating the appellate process. His legal team will submit a detailed brief outlining their arguments to the U.S. Court of Appeals for the Second Circuit, and the court will then review the case.
Conclusion
Drake’s decision to file a notice of appeal in his defamation case against Universal Music Group underscores his commitment to challenging the initial dismissal. This ongoing legal battle, rooted in the intensely personal and public rap feud with Kendrick Lamar, continues to highlight complex questions surrounding artistic freedom, defamation in popular culture, and the responsibilities of major record labels. As the case moves to the appellate court, its trajectory will be closely watched by legal experts and the music industry alike, potentially shaping future interpretations of expressive content in high-profile disputes.
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