Intellectual Property Law

Jay Z Has 99 Problems and David Ortiz Is Two Of Them

By Marty Schwimmer

Jay Z owns in part the 40/40 nightclubs in NY, Atlantic City and Las Vegas. Boston Red Sox (Sock?) David Ortiz has allegedly patronized the clubs and opened up a club by that name in the Dominican Republic. The Name LLC, the owner of 40/40 mark, has sued Ortiz in the DR and is now suing in the SDNY, for infringement arising from the website operated by the DR club.

Jurisdictional issues here bring to mind that old chestnut, Bensusan Restarant v King, 126 F.3d 25 (2d Cir 1997) (the BLUE NOTE case).

If you are a DR trademark lawyer, please help us out on the DR end of the story: does The Name LLC have DR trademark protection? If not, can a famous mark enjoin use in the DR? As an alternative to fame, can a theory be based on bad faith (namely Ortiz' alleged knowledge of the US club)?

Complaint 4040 Ortiz

Full post as published by Trademark Blog on April 16, 2010 (boomark / email).