Drake has filed a notice of appeal to challenge the dismissal of his defamation lawsuit against Universal Music Group.
The Canadian superstar’s legal team filed a Notice of Appeal today (October 29), contesting a federal judge’s decision on October 9 to dismiss the case. You can see the latest filing here.
The development represents an escalation in Drake’s legal battle with UMG over the promotion of Kendrick Lamar’s diss track Not Like Us, which became a commercial hit following the rappers’ highly publicized feud last year.
Drake’s original lawsuit, filed in January 2025, centered on Drake’s allegations that UMG “intentionally published and promoted” the song “while knowing that the song’s insinuations that he has sexual relations with minors were false and defamatory,” despite both artists being signed to Universal-affiliated labels. Drake and Lamar release their records via Republic Records and Interscope, respectively.
The district court’s dismissal on October 9 dealt a blow to these claims, but today’s filing signals Drake’s determination to pursue the matter at the appellate level.
Lamar’s Not Like Us, released on May 4, 2024, was part of what Judge Jeannette Vargas described as “perhaps the most infamous rap battle in the genre’s history.”
The track achieved extraordinary commercial success, accumulating over 1.7 billion streams on Spotify alone to date, and winning Record of the Year at the Grammys. It was performed during the 2025 Super Bowl Halftime Show to 133.5 million viewers.
In her 38-page opinion dismissing the case, which you can read in full here, Judge Vargas ruled that Lamar’s lyrics constituted protected opinion rather than actionable defamation.
The court found that the accusations in the song’s lyrics could not reasonably be interpreted as statements of fact, given the context of the heated rap battle between the two artists.
The judge emphasized that the broader context of the feud was essential, noting that “the songs released during this rap battle are in dialogue with one another” and “must be read together to fully assess how the general audience would perceive the statements.”
The court rejected Drake’s arguments that Not Like Us should be assessed in isolation from the other diss tracks exchanged during last year’s rap battle, which played out over 16 days.
Drake’s complaint also included claims for harassment and violations of New York General Business Law Section 349, alleging UMG engaged in deceptive practices including using bots and payola to artificially inflate the song’s popularity.
The court dismissed these claims as well, finding no private right of action for harassment and insufficient evidence of consumer harm.
After the case was dismissed earlier this month, a spokesperson for Universal Music Group told MBW: “From the outset, this suit was an affront to all artists and their creative expression and never should have seen the light of day. We’re pleased with the court’s dismissal and look forward to continuing our work successfully promoting Drake’s music and investing in his career.”
A spokesperson for Drake indicated earlier this month that he intended to file an appeal and would “look forward to the Court of Appeals reviewing it”.
Today’s Notice of Appeal formally initiates the appeals process. Drake’s legal team will likely file their full appellate brief, containing legal arguments, in the coming weeks.
The Second Circuit appeal process typically takes several months, meaning this case could extend well into 2026.
MBW has reached out to UMG for a response to Drake’s new filing.Music Business Worldwide