What's in a Name? A Lawsuit, If You Cross Jay-Z

Yankee-loving rapper files suit against David Ortiz after Red Sox slugger opens his own Forty-Forty club

By Gina Serpe Apr 16, 2010 2:52 PMTags
Jay-Z , David Ortiz Eliot J. Schechter/MLB Photos via Getty Images; Nick Laham/Getty Images

This name isn't big enough for two ballers.

Which is why Jay-Z and his business partner filed suit against Boston Red Sox slugger David Ortiz yesterday, opening up a can of legal whoopass on Big Papi for opening up a club in his native Dominican Republic called Forty-Forty—a name the rapper thinks is a little too close to the 40/40 nightclub chain he launched in New York two years ago.

Jay-Z is suing the player—who ironically usually comes to bat to the strains of the rapper's "Hey Papi"—for a cool $5 million, alleging trademark infringement, unjust enrichment and false designation of sponsorship, since people might easily confuse Ortiz's island offshoot as being Jay-Z-approved.

Maybe if he were a Yankee?

Or could somehow claim that he was unaware of Jay-Z's endeavor? Though judging by the amount of paparazzi pics that exist of Ortiz  coming out of the NYC original, it's unlikely—he attended an All-Star Game party at the flagship location shortly after it opened.

The suit also alleges that Ortiz and his sister, Albania, with whom he opened the club, are guilty of cybersquatting, after launching the Spanish-language site fortyforty.net.

Incidentally, while it may seem that Ortiz, being the only pro athlete of the two, has a greater claim to the name than Jay-Z, that too is not the case. The stat refers to the extraordinarily rare achievement of hitting 40 home runs and stealing 40 bases during one season. The rotund Ortiz has stolen 10 bases in his entire career.

The Red Sock has yet to comment on the suit, which, in addition to seeking damages in the seven figures, is asking the baseball star to forfeit use of the club's name.

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Jay-Z's got other things on his mind this weekend—like kick-starting Coachella! Check out the full lineup.