A lawsuit filed by local Internet celebrity Kimberly “Sweet Brown” Wilkins over a song briefly sold on Apple Inc.'s online music store has been dismissed due to “failure to prosecute,” court records show.
Wilkins, who gained Internet fame with the catchphrase “Ain't nobody got time for that!” was suing Apple and a Seattle-area radio show in federal court over a song that was sold for a little more than two months on the iTunes online music store.
In the suit, Wilkins claimed she was defrauded when her voice and likeness were used to sell the song on iTunes without her permission.
Court documents show the lawsuit was dismissed because Wilkins and a co-plaintiff did not provide disclosures after they were ordered to do so by U.S. District Judge Joe Heaton.
Heaton dismissed the case without prejudice, meaning Wilkins can refile the lawsuit, records show.
The woman known as “Sweet Brown” rose to Internet stardom in an unlikely way.
Wilkins was interviewed April 8, 2012, by KFOR reporters covering an apartment fire near NW 23 and Villa. During the interview, she made comments and used several phrases that have made her somewhat famous.
“Well, I woke up to get me a cold pop and then I thought somebody was barbecuing,” Brown told the reporter. “I said, ‘Oh Lord Jesus, it's a fire.' Then I ran out, I didn't grab no shoes or nothing, Jesus. I ran for my life and then the smoke got me. I got bronchitis. Ain't nobody got time for that.”
Her son, who can be seen covering his face and shaking his head in what appears to be embarrassment, paced behind her.
In the suit, Wilkins claimed representatives from the Bob Rivers Show in the Seattle area called her the day after the KFOR broadcast and asked “general questions relating to the apartment fire.”
That same day, the suit claimed, the radio station produced a song called, “I Got Bronchitis,” which sampled several of the phrases Wilkins used during the interview with KFOR.
By April 10, 2012, the song was available on iTunes, the lawsuit states.
“At no time did Sweet Brown consent or agree to have her name, likeness, voice, statements, photograph used in connection with any products, songs, video productions, merchandise, goods, advertisements or solicitations for merchandise, goods or service,” the lawsuit states.
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