Jay-Z Sues Boston Red Sox Player David Ortiz Over Use of 40/40 Trademark

By Kadeem Lundy  |  04/16/2010

Jay-ZJay-Z recently filed a lawsuit against Boston Red Sox player David Ortiz in New York over the use of the 40/40 trademark, the name of the rapper's sports bars.

The lawsuit, filed Thursday (April 15), stems from Ortiz's use of the name for his nightclub in the Dominican Republic. Also in the suit, Jay alleges that the baseball player is also illegally using the website domain name, FortyForty.net, for the nightspot, which he also owns the rights to.

Ortiz opened his 40/40 club in the Dominican Republic last October, but Jay-Z has been operating his own 40/40 club for six years now, beginning in June 2003.

In court documents, the rapper stated that Ortiz has been capitalizing on his club's name and as well as his notoriety.

He claims that Ortiz was aware that he was using the same name. "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," court documents read.

Jay-Z and his business partner Juan Perez own a string of 40/40 clubs in cities such as New York, Atlantic City and Las Vegas, with plans to open more clubs in Tokyo and Macau.

They are seekng over $5 million in damages, and are demanding that Ortiz forfeit the use of the name.

The clubs were named after the baseball accomplishment of hitting 40 home runs and stealing 40 bases in one season.

At press time, neither Jay-Z or David Ortiz had commented on the lawsuit.