Artist’s Corner
JAY-Z Sues David Ortiz for Infringement
Rap mogul JAY-Z has sued Boston Red Sox star David Ortiz for infringing on the name and reputation of his star-studded sports lounge, the 40/40 Club.
The suit, filed on April 15, 2010 in Manhattan Federal Court, claims Ortiz aka “Big Papi” visited the sleek hotspot in the Flatiron District of NYC and liked it so much, he stole the idea for a club of his own. After enjoying his time at the club, Boston’s designated hitter then opened the “Forty-Forty” club in his native Dominican Republic, the $5 million suit claimed.
According to the suit, Ortiz’s use of “Forty-Forty” to name the nightclub in the Dominican Republic violates the Lanham Act, the Trademark Dilution Act, the Anti-Cybersquatting Consumer Protection Act, and various New York state laws. The case was filed by The Name, LLC, a Delaware company that owns the 40/40 trademark, against Ortiz and his company, D. Ortiz C. por A, an entity organized under the laws of the Dominican Republic.
“David Ortiz was at the club at least twice, and certainly knew of it,” according to Jay-Z’s attorney, Peter Raymond, of the firm Reed Smith LLP. Ortiz stopped into the West 25th Street, New York hangout when the Red Sox were in town to play the Yankees and was there during an All-Star Game celebration. Photos of Ortiz enjoying himself at the real 40/40 Club were also submitted.
Attorneys for Jay-Z claim that the website for David Ortiz’s copycat club also “blatantly trades on the goodwill and fame” Jay-Z and his partners have built.
Entertainment Litigation, April 18, 2010 (Hank Fasthoff)
NY Daily News, April 15, 2010 (Alison Gendar)
LIL WAYNE Sued Over ‘Lollipop’
Hip hop star LIL WAYNE is facing legal action over his song “Lollipop.” A little-known Pennsylvania-based rapper, Dirahn Gilliams, claims he should have been credited for writing portions of the hit.
According to the lawsuit filed on April 30, 2010, Gilliams is convinced his track “Grindin’ Like a Goon” was the inspiration for Lil Wayne’s Grammy-winning single. Gilliams’ track was allegedly distributed to record industry executives in 2007.
Gilliams has named Lil Wayne, writer Rez Zamor and producers Darius ‘Deezle’ Harrison and Jim Jonsin in the suit, alleging they illegally used parts of his song for “Lollipop.” Gilliams is demanding an injunction to block further sales of “Lollipop” and “Tha Carter III”, the album it appears on. Gilliams is also seeking monetary damages and lost profits.
The suit comes just a month after Jonsin took legal action against Lil Wayne, alleging he has yet to receive any royalty payments for his work on “Lollipop.” Meanwhile Harrison has also filed a multi-million dollar lawsuit over royalties from Lil Wayne’s track, “Mrs. Officer.”