So Red Sox player David Ortiz aka "Big Papi" decided to open up a club in Dominican Republic called "Forty Forty," and as you probably already know, Jay-Z owns 40/ 40 Clubs here in the U.S. Well, Jay is not having it!
Jay-Z went a head and sued Boston Red Sox slugger David Ortiz in federal court in New York on Thursday for naming his Dominican Republic nightclub "Forty Forty." Jay claims that Ortiz intended to trade on the fame of Jay-Z's "40/40" clubs in cities including New York, Las Vegas, and Atlantic City, and that Ortiz has therefore infringed his registered trademarks in "40/40" and "40/40 Club." Jay-Z wants over $5 million to put a stop to what he calls Ortiz's "brazen and unauthorized attempt to trade on the value and goodwill that [he] has cultivated in the 40/40 Marks...." He claims that Ortiz was well aware of his 40/40 clubs because he patronized the New York establishment several times, while the Red Sox were playing the Yankees and during the All-Star Break. Jay-Z and his team say Ortiz is "trying to reap where they have not sown by using Plaintiff's 40/40 Marks without permission...."
The case raises a host of legal questions. For starters, Ortiz's nightclub is located in Santo Domingo in the Dominican Republic.
"Forty Forty" is certainly a little close too "40/40" for comfort, but trademark infringement is not that easy to prove. Jay-Z's lawyers will have to convince the jury that people are, or are likely to be, confused that Ortiz's nightclub in the Dominican Republic is associated with or endorsed by Jay-Z and his 40/40 franchise.
Ortiz is a slick one for this! lol
Who do you think will win this one??
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