4.17.2010

The Case of the Stolen Club Identity, Or: Z v. Ortiz

While some (particularly Bostonians) may view Jay-Z's current lawsuit against Red Sox slugger David Ortiz as a frivolous case of a Yankee fan harassing a rival's player, there may be something to the plaintiff's case in Z v. Ortiz (liberties taken on the case name).

Apparently Mr. Ortiz, who has been a guest of Jay-Z's 40/40 club in Manhattan, has named his club in Santo Domingo the Forty/Forty Club. Although observant visitors to Latin America have undoubtedly noted that eerily familiar brandnames and logos are nearly ubiquitous and can be found from the largest market to the most out-of-the-way jungle hut, most brands are not too concerned with enforcement actions against small scale violaters; it is just not worth their time and effort. However, the high profile Ortiz's use of such a high profile name in such a high profile location (particularly in the baseball world) was sure to draw attention.

It is not clear that Jay has actually suffered damages to the tune of $5 million as he is alleging in his federal court complaint. However, as often happens in these situations, it would not be surprising to at the very least see the club's name change soon. If Blawgconomics might be so bold, we might suggest something like Twenty Eight/Zero, serving the duel functions of avoiding legal recourse and bringing the name more in-line with reality. As baseball fans will of course know, 40/40 is a reference to the rare feat of hitting 40 home runs in the same season one steals 40 bases, a club which Ortiz has never quite been able to break into.

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