Kanye West has changed the title of his most recent single from “Theraflu” to “Way Too Cold.” But while Island Def Jam claims the change was a “creative decision,” the move was more likely made to avoid potential legal action from the medicine brand.
“Last week, Kanye West lit up the airwaves with a surprise Funkmaster Flex exclusive of his incendiary new track ‘Theraflu’ through New York’s Hot 97. Within hours, the track and its vivid, revealing, personal lyrics had taken over the blogosphere, streets and clubs, inciting a firestorm in the press, both on and offline,” a press release from West’s label read. “Today, Kanye announces the creative decision to title the track ‘Way Too Cold’ feat. DJ Khaled.”
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The song initially got attention for the lyric “I’ll admit, I had fell in love with Kim / Around the time she had fell in love with him.” As the song was released, West began a 24-hour marathon date with reality TV star Kim Kardashian around New York City. West had previously been linked to Kardashian before her whirlwind romance with basketball star Kris Humphries.
But the song also received unwanted attention from Theraflu’s lawyers.
Last week, a rep for the medicine brand gave a statement to TMZ saying, “We in no way endorse or approve of the references or use of the image and likeness of Theraflu in this manner. Theraflu is an over-the-counter product used to help relieve cold and flu symptoms that millions of consumers rely on.”
While the brand did not say outright whether it was considering legal action against the rapper, the language in the statement appeared to lay the ground work for a potential copyright infringement lawsuit.
It remains unclear if lawyers for Theraflu contacted Island Def Jam about the title, or if the change was made as a defensive move.
While the title for the song has changed, so has the single’s artwork by George Condo. While the original image featured a woman’s upper body, wrapped in fur, with a bottle of Theraflu rather than a head, the new artwork simply shows an unlabeled bottle.