Boone v. Jackson (aka Fabolous) [PDF]: The presence of the phrase “holla back,” rapped in an eighth note, eighth note, quarter note rhythmic pattern in the hook of each song is too common to be protectable. [Cite]. Evidence proffered by the defendant noting the presence of the phrase “holla back” in numerous songs demonstrates the banal and therefore unprotectable nature of the phrase. [Cite]...The appearance of the phrase “holla back” in the Urban Dictionary further supports defendant’s contention that the phrase is common and therefore unprotectable. Finally, plaintiff’s expert’s own admission that the phrase “holla back” rapped in an eighth note, eighth note, quarter note pattern is neither original nor unique undercuts a finding of substantial similarity. It is black letter law that common phrases such as “Holla Back” are not protectable.
