THE FOLLOWING PRESS RELEASE IS COURTESY OF "IT GIRL" PUBLIC RELATIONSA federal judge granted a motion to add Roc-A-Wear owners Roc Apparel Group LLC, Urban Menswear LLC and Roc-A-Wear Licensing LLC to a trademark and copyright infringement suit filed by Professional Wrestler Diamond Dallas Page. The suit, originally filed December 2, 2005, claims the hip-hop heavyweight has illegally adopted Page’s trademark hand gesture —the “Diamond Cutter” — as his own.
The lawsuit, filed in Los Angeles Federal Court, accuses Jay-Z and Roc-A-Fella Records of trademark and copyright infringement as well as misappropriation of the hand symbol. Page is seeking an injunction (meaning Jay-Z would be prohibited from using the gesture) and unspecified monetary damages.
Earlier this year, Diamond Dallas Page discovered that Jay Z’s clothing line, Roc-A-Wear manufactured and sold merchandise displaying the diamond cutter symbol, which prompted the request that the clothing line be included in the lawsuit.
Page started using the hand sign to promote his persona on television while working for World Championship Wrestling in 1996. As his popularity increased, so did the recognition of the sign as his trademark, by fans, athletes and celebrities. As Page has moved on from wrestling to other entertainment and business ventures, he has continued to us the sign as a brand-building logo. Currently, his “Yoga For Regular Guys” DVD series and book, and his soon to be released “Own Your Life” motivational audio book features the symbol.
The well-loved wrestler also says he used the symbol on monthly PPV events, WCW live events, and media appearances, including The Tonight Show with Jay Leno. Page goes on to assert that as his success as a wrestler grew, so did sales of his merchandise, including t-shirts, hats, stationary, posters and action figures, which featured the Diamond Cutter Trademark.
The infringement claim also states that, “[m]any athletes and celebrities also flashed the Diamond Cutter sports celebration move. “In Game 6 of the 1998 NBA finals against the Chicago Bulls, Karl Malone, the Utah Jazz star basketball player, flashed the Diamond Cutter Trademark during the game and referred to the symbol as Plaintiff’s hand sign. Similarly, former professional football player and Dallas Cowboy star running back, Herschel Walker used the Diamond Cutter Trademark after a 64 yard touchdown run and also acknowledged that it was Plaintiff’s signature trademark.”
Page is currently shooting the movie Gallow Walker in South Africa with Wesley Snipes and is not available for comment.
2 comments: on "DDP VS. Jay-Z Update!"
When it comes right down to it, isn't the most important part of a "trademark" the simple fact that is belongs to that one person or group of people who made it?
When one person can get away with using another person's trademark as a means of financial gain, or if that person in any way lays claim to said trademark as something that they're using-hence they own it-It absolutely negates the purpose of & value for that creation...
When the original creator and said trademark have become the victim of theft and it's decided that the claim to & value of it is or should be "free", I'm afraid that the intended use for one's own trademark will become a hopeless and valueless cause.
If somebody doesn't stand up for a message as serious as theft along with DDP on this, then we all might as well just forget to dream big and share our dreams because it'll be OK to steal them, right?
It seems to me, the point is this: Allowing someone to have/own the rights (trademark) to something that they've created is an important part of what gives it value.
Otherwise what's the point of being creative, when anyone can come along and use what's yours as their own?
If that didn't clarify the need at least three times, I'm either too tired, too stupid or too Armenian! So-because all three of my reasons/excuses are true-I am all three. Get IT?
I think is it stupid to trademark a hand gesture. If DDP wins this law suit, I will disgusted. What then? A law suit against a "thumbs up"? What about the peace sign? Oh I know, the middle finger...there's a law suit waiting to happen...
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