Copyright infringement lawsuits against music stars seem to get stranger with each passing day. Though it’s hard to believe that any could be stranger than the lawsuit Kevin Brophy Jr. has filed against famed rapper Cardi B.

What’s strange about this infringement lawsuit is that it’s not even about music.

Brophy is suing Cardi B for $5 million because of the cover image of a mixtape she made in 2016 called “Gangsta Bitch Music Vol. 1.” The image depicted an unidentified man performing oral sex on the rapper. On the back of this man was a distinctive tattoo of a tiger and a snake fighting, which Brophy insists is his and his alone.

Brophy’s lawsuit against Cardi B has two dimensions. First, he is suing the rapper for using his likeness without content. He states that his tattoo is so unique that people recognize him just from seeing it. But the second dimension of the lawsuit claims that Cardi B portrayed him in a false light by insinuating that he had sexual relations with her.

Legal representatives of Cardi B had been trying to get the lawsuit dismissed in U.S. District Court, insisting that the cover image was protected by the First Amendment to the U.S. Constitution. But U.S. District Court Judge Cormac Carney disagreed on August 22nd. He not only dismissed the motion but indicated that the question of whether the cover image was indeed protected by the First Amendment was something for a jury to decide.