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New York.– Rapper Jay-Z is suing Boston Red Sox star David Ortiz for opening a nightclub in Dominican Republic named "Forty-Forty."

Jay-Z thinks that's a sample that's too close to his line of "sports lounges" which carry the "40/40 Club" name even if Big Papi is spelling out the digits. Jay-Z and business partner Juan Perez own 40/40 Clubs in New York City, Atlantic City and Las Vegas and have plans to open venues in Tokyo and Macau.

They have accused Ortiz of "trading on the fame, value and goodwill of their name through his club Forty/Forty and its website, www.fortyforty.net."

Jay-Z named his club "40/40" because in baseball, that refers to a 40-home run, 40-steal season, or "as exclusive as it gets."

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COMMENTS
53 comment(s)
Written by: riosm, 17 Apr 2010 12:25 PM
From: United States
So who cares.....
Written by: xwill7, 17 Apr 2010 1:06 PM
From: United States, El cuarto bate
Jayz can't see anyone else get ahead... What a slime! Don't buy any of his products!
Written by: DONT_BE_SILENT, 17 Apr 2010 1:42 PM
From: Dominican Republic, NEVER FORGOTTEN, NEVER FORSAKEN!
Jay Z, what's your point? your court has no jurisdiction in DR.
Written by: CeJota, 17 Apr 2010 2:00 PM
From: United States, Augusta Ga/ Philly Pa
Joe Camel strikes again smh....tired of Jay Z shenanigans.....Fragile rock, Alf looking boy
Written by: Perez, 17 Apr 2010 2:26 PM
From: Dominican Republic
dang is Jay-Z going bankrupt? Y the heck would he sue David Ortiz just bcause of a stupid club name? and not only that, but Orit'z's club in in DR!. I'm sure Jay-Z isn't desperate for money!
Written by: hellborn25, 17 Apr 2010 2:44 PM
From: United States, words of wisdom from the nutcracker
kamel face strikes again hey jay why dont you use that money you have and get yourself a new face . looking like the elephant man.
Written by: juanb, 17 Apr 2010 3:38 PM
From: Dominican Republic
Naturally the choir thinks it is OK to just co-opt a registered name whenever they want. They can't understand that someone paid money to protect themselves from having their name used in a shoddy manner, that might damage the brand reputation. To them, whatever they want, they take.
Written by: CarlosFranco, 17 Apr 2010 5:06 PM
From: United States, Brooklyn

This will come to nothing!

Written by: piemman, 17 Apr 2010 5:17 PM
From: Cayman Islands
He needs to sue Beyoncé ass for being such a whore... what the fuck is wrong with Jay-Z? C’mon, u ain’t dat high now.
Written by: jarabacoa, 17 Apr 2010 6:24 PM
From: United States
what's wrong its wrong, david, you screw up! apologize to jay-z and game over!
Written by: josean, 17 Apr 2010 7:30 PM
From: United States, Dedicating 4 more years to fighting the Dictatorship of the Narco PLD Mafia
Shawn Corey Carter (born December 4, 1969),[1] better known by his stage name Jay-Z, is an American rapper and businessman. He is one of the most financially successful hip hop artists and entrepreneurs in America[2] having had a net worth of over $500 million in 2009.[3] He has sold 40 million albums worldwide[4] while receiving ten Grammy Awards for his musical work.[5]

Jay-Z co-owns The 40/40 Club, is part-owner of the NBA's New Jersey Nets and is also the creator of the clothing line Rocawear. He is the former CEO of Def Jam Recordings,[6] one of the three founders of Roc-A-Fella Records and recently, the founder of his new venture Roc Nation. As an artist, he holds the record for most number one albums by a solo artist on the Billboard 200.[7] Jay-Z also has had 4 number ones on the Billboard Hot 100, one as lead artist; they are: "Heartbreaker" with Mariah Carey, "Crazy in Love" with Beyoncé, "Umbrella" with Rihanna and "Empire State of Mind" featuring Alicia Keys.


Written by: PatDiamond, 18 Apr 2010 3:03 AM
From: Botswana, La reconnaissance est une lachete'
Josean

Don't believed the hype most of these guys inflate the shit out of they numbers to look good for the press. Their company spreadsheet always showes you something else. Mr Carter recently bought out his partner Damon Dash for 30mil . How much do you think his enterprise is really worth.

Unless the 40/40 is a register trademark ,and DR is part of the WTO that's a lawsuit to nowhere. What jurisdiction is this case going to be heard.
Written by: CarlosFranco, 18 Apr 2010 3:07 AM
From: United States, Brooklyn

Josean... SO WHAT

Written by: josean, 18 Apr 2010 7:31 AM
From: United States, Dedicating 4 more years to fighting the Dictatorship of the Narco PLD Mafia

Next time I will draw you pictures with crayons!
Written by: juanb, 18 Apr 2010 7:41 AM
From: Dominican Republic
Josean:

You are missing the point. David Ortiz is a baseball player. A Dominican baseball player. He can do whatever he wants to anyone who is not a baseball player.
Written by: josean, 18 Apr 2010 7:57 AM
From: United States, Dedicating 4 more years to fighting the Dictatorship of the Narco PLD Mafia

So they think this man's lawyers filed a suit without researching its viability.

It seems they are confusing it with the way LIE-onel Fernandez decides to build METROS!
Written by: JimHarrington This user is banned, 18 Apr 2010 8:41 AM
From: United States
Free advertising
Written by: dreadlocks, 18 Apr 2010 9:10 AM
From: United States
why in God´s name Ortiz had to copy something is beyond me. i am not conversant with international copyright laws, so i cannot comment on the merits of the lawsuit. but, Jeezus, man, think of your own name. get a goddam dictionary, and put some words of your own together. that is the problem i have posted about a million times. the copycat traits of people here. one guy does something, and, overnight, 100 guys are doing the same thing. be original! be creative! do your own thing. i have no idea why people find it so hard to invent their own idea, rather than sitting around waiting for someone else to do the work, then leech off it. with this kind of mindset, we will never create a generation of entrepreurs who are mavericks, willing to break across new frontiers. it will always be a nation of guys who find it too difficult to think for themselves
Written by: VeronicaDR, 18 Apr 2010 10:22 AM
From: United States
Jay Z is wasting public funds trying to bring this case to court. I hope David Ortiz counter sues Jay Z for wasting peoples money on one of the stupidest lawsuits I have ever heard of. The names are not even close and have nothing to do with each other. The only similarity is both places have 2 numbers for their name. I don't think Jay Z has every number trademarked. His lawyers should be ashamed if they didn't try to explain how stupid this case looks. I would sure JayZ to recover any legal fees and also for a LARGE punitive amount so he learns not to do this again.
Written by: DONT_BE_SILENT, 18 Apr 2010 10:28 AM
From: Dominican Republic, NEVER FORGOTTEN, NEVER FORSAKEN!
Josefa get a life.
Written by: Grosero, 18 Apr 2010 11:09 AM
From: United States
Jay-Z is nothing more then THUG....

Bang bang
Written by: riosm, 18 Apr 2010 11:19 AM
From: United States
Almost all rappers are........pushing and acting "Da Thug Life".
Written by: dreadlocks, 18 Apr 2010 2:15 PM
From: United States
i find it really bizarre that posters seem to assert that the culprit here is Jay Z. David Ortiz could have avoided all this sturm and drang if he would just have taken fifteen minutes of his time to think up his own name, instead of shamelessly trying to trade on the efforts of others. that is called parasitism. i khow that many readers will not like my comments, but that is the reality. there are milllions of other names he could have used, but he takes the easy way out, copying something that has already been established. cheesy, and low brow.
Written by: CeJota, 18 Apr 2010 4:23 PM
From: United States, Augusta Ga/ Philly Pa
Club Hon Ron maybe???? nothing wrong with a baseball player using the name forty forty as long as it's not 40 40
Written by: dreadlocks, 18 Apr 2010 4:32 PM
From: United States
i am not questioning whether or not it is LEGALLY wrong, and will be overturned in a court of civil proceedings. my contention is that it just stinks that this guy is too indolent to think of his own name, and has to use something that someone else took the time to put together. that is leeching, and is pretty low brow conduct. with his money, he could have paid some college kid to come up with something ORIGINAL, that he could copyright himself. but no, he tries to purloin someone elses product. it stinks!
Written by: dreadlocks, 18 Apr 2010 8:23 PM
From: United States
ladronaso, great to see you back. i am glad someone agrees with me. i will pm you tomorrow. yes, Ortiz could have BOUGHT a marketing firm to establish his brand. instead , he takes the low road , ripping off somebody else´s efforts. then, guys in this thread support him, making out JZ to be the villain.
Written by: dreadlocks, 18 Apr 2010 8:43 PM
From: United States
i just noticed that jarabacoa declares Ortiz to be the villain, and his comment gets voted off the thread. nice!
Written by: anthonyC, 18 Apr 2010 11:13 PM
From: United States
Funny how David Ortiz used Forty Forty when he never has never come close to being a 40-40 player. He has only stolen 10 bases in 13 seasons.

Then there is this tidbit:
“David Ortiz is fully aware of plaintiff’s Manhattan 40/40 club, since he had been a patron there on several occasions before he opened his Infringing Forty/Forty club,” the lawsuit said

http://dailycaller.com/2010/04/15....tclub-name-lawsuit/#ixzz0lVkFqElr

And who the hell wants to go to a club owned by a David Ortiz anyway?


Written by: dreadlocks, 18 Apr 2010 11:39 PM
From: United States
David Ortiz refers to his club as being ¨as exclusive as it gets ¨. these guys must really take themselves too seriously. dude, you hit a ball with a stick.! it happens to make you a lot of money. but so does winning the lottery. this is like some wino from the bowery winning the powerball for 200 million, and opening an ¨exclusive ¨club. and, thanks anthonyc, for reminding us that he never had a forty forty season in his life, which, had he done so, would have given him at least a spurious excuse for the use of the name.
Written by: Belly, 19 Apr 2010 3:18 AM
From: United States, Seattle, W.A.
David made a dumb mistake by naming the club the way he did but Jay-Z is not innocent when it comes to copying from others in fact he started his whole career by copying from others just ask Nasir Jones aka NAS who gave him a break and then regret it. Jay-Z may want to act like he is top class when he was a crack dealer in Brooklyn who has been copying others for a long time so please people lets not act as if David is the one that comes from ex-convict life style and the brand being talked about here is about 3 night clubs which one of them didn't survived and only lasted about 4 months open due to nobody going in and another one facing the same path and the only one surviving is the one in NY so lets not act as if we are talking about a brand like Apple or Google here because i doubt his brand is even registered as a trademark even in USA let alone DR. How many Dominicans in DR actually know the 40/40 exist in NY. Let us be realistic here not over hype this publicity stunt game.
Written by: dreadlocks, 19 Apr 2010 8:42 AM
From: United States
Belly, i understand the tenor of your posting, asserting that JAY Z is no altar boy. well, it should give you even more pain to realise that the best Ortiz can achieve is to copy some ex crack dealer , dopehead, copycat lowlife. i mean, it is not as if he ripped off Bill Gates, or Michael Dell. makes him look really lame, if you ask me.
Written by: steviewonder, 19 Apr 2010 9:14 AM
From: Dominican Republic, North Coast
Big Papi is really having a bad April, at the bar and at the plate! Hope your May is better!!!!!
Written by: Belly, 19 Apr 2010 9:49 AM
From: United States, Seattle, W.A.
Dread

We both agree that David made a dumb move by using the name even though he used in a different spelling but the fact of the matter is David didn't commit any crime by doing so, I'm not saying David is right because he is not and I'm sure he could have found a better name.Jay-Z and his lawyer both know they don't have a fighting chance by bringing this case to court because first of all the term 40/40 is a trademark of MLB not Jay-Z or David and the club is in another country which in fact if Jay-Z tries to open one in DR and David has his legally register then Jay-Z has a lost case there.The only reason Jay-Z is doing this is because of it being a publicity stunt and free media to the name. Even if he wins the 1% win and 99% lost case he won't get anything because it would still be up to DR court to acknowledge the case exist something legally and they won't do because it would make is simply not require by any law. I wonder how many here knew about this club until now?
Written by: Belly, 19 Apr 2010 10:04 AM
From: United States, Seattle, W.A.
To me Jay-Z is only getting a taste of his own medicine now but this time around unlike in his past he is against somebody with money and 99% lost case now he will learn what the ones he sold crack and stole songs,beats and ideas from feel like. Is funny how things happen in life. is like the saying goes "what goes around comes around" or "treat others like you like to be treated".
Written by: dreadlocks, 19 Apr 2010 10:49 AM
From: United States
Belly, none of which negates the fact that David Ortiz is a rip off artist, parasitically trying to get ahead by purloining the work of others. it matters not one iota that JZ is not mother theresa. he is not the one who has created this uproar. if Ortiz had acted sensibly, and gotten some prior advice, he might have gotten a professional firm to design his brand. but, he is a bum who has no inventiveness of his own, and tried to get ahead on the coattails of others. all too often, i see this in the DR. copy, copy, copy. nobody wants to think, and expend some effort. wait till the other guy does the work, then leech off it. as i say, look at all the speakers for music in the DR. every one is just like the other, and they are all incorrectly designed, because nobody understands the technology. but not one guy will spend a few hours at the internet in order to learn how to build a speaker. it is easier to just copy what they see, and build more garbage and firewood. this explains why
Written by: dreadlocks, 19 Apr 2010 10:52 AM
From: United States
we will always play catchup, because we have no ideas of our own, and live by copying what others have already done. well, they will always be ahead, because they have more practice than we have, at games they invent. time for us to use our creativity, instead of leaving the heavy lifting to others
Written by: riosm, 19 Apr 2010 10:53 AM
From: United States
Belly,
Point well made.......many promoting "Da Gangsta life Style" with flashy cars, girls, bling etc..etc.. one could see the type of negative image / dose our Youth of America are getting........more like a over-dose.

One I really get a kick out of is MTV's "Cribs' where the rags to riches 'in crowd' show-off there wares, I wonder are they still on the air ? who cares !

Imagine what if.......all the rap crappers would just donate 10% of their earning towards our youth here in the States ?
Written by: dreadlocks, 19 Apr 2010 12:39 PM
From: United States
well, riosm, what a role model to rip off in the case of David Ortiz. he could at least have ripped off someone more substantial, not some lowlife gangsta rapper.
Written by: HateitorLOVEIT, 19 Apr 2010 2:25 PM
From: United States, Washington, DC
Can I put this situation in the proper context. If big stupid opened a burger restaurant in the DR and named it McDonalds or even McPoppy's .. do you think the Ronald and the Mayor McCheese would be sueing his ass.... Sssssssiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii... He could open it at the North pole and they still would sue him... It's called protection your property/name rights and once you let one fool get away with it then others will follow.... and you basically could lose those rights.
Written by: HateitorLOVEIT, 19 Apr 2010 2:27 PM
From: United States, Washington, DC
I think I am going to create a beer and sell it in the Caribbean in green bottles! I'm going to call it!
Vice-Presidente!
Written by: dreadlocks, 19 Apr 2010 2:46 PM
From: United States
better yet, Hateitoloveit, let us see what these guys would say if some guy in Trinidad decided to make a beer and market it throughout the region ,with the name Presidente, claiming that they are in Trinidad, and so it has no copyright connotations. see if Leon Jiminez would not be in the lawyers office a minute after he got the news.
Written by: clinker, 19 Apr 2010 2:58 PM
From: Dominican Republic
top-3 rip-offs seen so far:
"toys-n-me" puerto plata (toys-r-us rip off, even using a giraffe in the logo)
"best deal" in sosua (best buy rip off, even using similar fonts, same colors with price tag design)
"charlies burgers" (used hand-written mcdonalds logo! now defunct; did Mcdonalds police come all this way to bust them, or did they go like most food stands - here today, gone tomorrow?)
i am sure there are more. start a forum?
Written by: dreadlocks, 19 Apr 2010 3:10 PM
From: United States
clinker, do just that. please start a thread in the forum about this issue. it will generate a lot of heat on both sides
Written by: riosm, 19 Apr 2010 4:49 PM
From: United States
HateitorLOVEIT,
Go for it.......it sounds like a winner.
Written by: anthonyC, 19 Apr 2010 5:03 PM
From: United States
Belly,

You need to catch up on your copyright law.
Written by: dreadlocks, 19 Apr 2010 5:16 PM
From: United States
copyright violation is not a crime, since it is a civil matter. not all violation of laws is a crime. but there are other considerations. you cannot , in this era of globalisation, just use any name you care to, because the original name comes from a different country. not because the original Burger King started in the USA means Moises can just up and open a burger joint and use the name. this country is a signatory to WTO, and those matters are thoroughly addressed in their laws, and by laws. besides, because of the aforementioned globalization, the original company quite likely has franchise somewhere in the offending country.
Written by: Belly, 19 Apr 2010 5:45 PM
From: United States, Seattle, W.A.
AntonyC

First of all you need to catch up of what copyright protect and who it protects. 40/40 is NOT a trademark which are covered in the WTO of Jay-Z's and second the names even thought verbally mean the same there is a clear difference in both names but I'm sure people could get confuse but the image and website of both clubs are totally different and is very apparent by just going to each web site. The brand is nothing even close to those others being compared to like McDonald or Burger King there are clear differences and both of those company are big enough to protect them selves internationally. As I said David made a dumb move but we shall never compare the 40/40 night club owned by an ex-crack dealer to Burger King or Bill gates they have nothing in common so we have to draw a line on the sand and then move on to the actual discussion. To me David can do better than that and I hope he does.
Written by: zak325, 20 Apr 2010 5:41 AM
From: United States
It's about intellectual porperty theft and trademark infringement. I know these are things most Dominicans don't give a damn about (no suprise there), but what ortiz did is against the law, i'm sure there are laws against trademark ingringement even inthe DR, again not that any one cares to be bothered about.
Written by: jonbonz, 20 Apr 2010 6:08 AM
From: Dominican Republic, santo domingo
Do you remember the brand North Face well some college guy started a cheaper version call South Butt and then after it grew he started carrying stuff with his logo. North Face is in court with him now.
http://www.thesouthbutt.com/
http://abcnews.go.com/Business/te....-irks-north-face/story?id=8712101
Written by: xwill7, 20 Apr 2010 10:35 AM
From: United States, El cuarto bate
dread,
cyclon energy drink looks alot like red bull...you are right copy copy copy in DR... I remember when everyone in DR started driving the montero sport lol
Written by: riosm, 20 Apr 2010 12:11 PM
From: United States
Lets not forget the copy kings Korea and China.
Written by: dreadlocks, 20 Apr 2010 1:53 PM
From: United States
exactly, xwill. the guys from ciclon could not come up with their own packaging. that would have been too hard. easier to just rip off someone who had already done the work.
Written by: poponlaburra, 26 Apr 2010 2:44 AM
From: Dominican Republic, Civil Rights and Peace Activist for Our Dominican People
That hoodlum JZ needs a face change operation!!!!!!!!!!!
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