Under Pressure: Jay-Z Sues Bo-Sox’ Big Papi For Trademark Infringement

The music industry has butt heads with the sports world again.  See, An IP Fight Broke Out At the ‘Canes Hockey Game. This time The Name, LLC, a Jay-Z owned company has sued Boston Red Sox designated hitter David Ortiz alleging infringement and diluation of U.S. Reg. 2,940,829 for the mark “4040 Club” and U.S. Reg. 3,157,149 for the mark “40/40” as well as cyber-squatting.

The 40/40 Complaint alleges that Ortiz’ use of the words “Forty Forty” in conjunction with a restaurant in the Dominican Republic constitutes trademark infringement.  The allegations made in the complaint focus on the website www.fortyforty.net promoting the restaurant owned by Ortiz. 

Does U.S. trademark law have the extra-territorial reach to stop the use of a trademark in the Dominican Republic?  While that remains open for debate, it seems that Jay-Z, a confirmed Yankee faithful, may have taken Ortiz off his game.  Since the lawsuit was filed on April 15th, Ortiz is batting .111 (160 points off his career average of .281) with no runs and no RBIs.