Diamond Dallas Page sues Jay Z

[Bearcat729]

Can you actually trademark a hand gesture?

http://www.mtv.com/news/articles/1517546/20051206/jay_z.jhtml?headlines=true

Diamond Dallas Sues Jay-Z Over 'Diamond Cutter' Hand Sign
12.06.2005 4:31 PM EST

Wrestler claims he invented the two-handed gesture years ago

Former pro wrestler Diamond Dallas Page is suing Jay-Z, claiming the hip-hop heavyweight has illegally adopted his trademark hand gesture — the "Diamond Cutter" — as his own.

The suit, filed in Los Angeles Federal Court on Friday, 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.

Page's lawyer, George Gallegos, said Diamond Dallas (born Page Falkinberg) brought the legal action against the Def Jam CEO in order to protect his livelihood.

"People would come up to him and ask him if he was letting Jay-Z use it or if he had licensed it to him," Gallegos said of the symbol, which he claims his client created in 1996 and copyrighted years ago. "People [would also] say he's using Jay-Z's sign."

On the cover of Page's new book, "Yoga for Regular Guys: The Best Damn Workout on the Planet!," he can be seen sporting a T-shirt of the hand gesture. On his Web site, the same image can be seen above the words "A symbol of excellence since 1996."

Gallegos said he first took the hand-gesture matter directly to Jay's lawyers, but they were not receptive, saying that the real issue was how Diamond Dallas was using Jay's symbol inappropriately. Gallegos said he provided the rapper's people with magazine covers, various Dallas merchandise and video footage dating back to the mid-1990s showing Page throwing the "Cutter."

"If you look at [Jay-Z's] 'Encore' video you can see fans using the 'Diamond Cutter' sign, and in video of Diamond Dallas ... if you only looked at the fans from both those tapes, you'd think it's the same person performing," Gallegos said. "Jay-Z and Roc-A-Fella Records use this symbol to promote themselves, to promote their artists, to promote their music and to promote their fanbase. People have come to recognize [Page by this symbol], and the way that it's being used by Jay-Z and Roc-A-Fella is taking value away from it and creating confusion upon the public."

Jay-Z's attorney, Michael Guido, could not be reached for comment. Calls to Jay-Z's label for comment were not returned.

— Chris Harris

[rkmsuf]

I think think of a hand gesture to give both of them.

[GreenMonster]

I think think of a hand gesture to give both of them.

Might get you a Diamond Cutter from DDP and roughed up or worse from Jay-Z and the Crew..

[rkmsuf]

Might get you a Diamond Cutter from DDP and roughed up or worse from Jay-Z and the Crew..


of course I'd have someone else actually deliver the gesture

[Subby]

I think think of a hand gesture to give both of them. not to be a nit, but lifting your skirt and bending over isn't really a hand gesture...

[sovereignstar]

That's it. I'm going off a cliff Thelma and Louise style. This game has lost all of it's fun.

[dervack]

Paging DDP, your 15 minutes are up.

[rkmsuf]

not to be a nit, but lifting your skirt and bending over isn't really a hand gesture...

when did I become rowdy roddy piper?

[LionsFan10]

Suing over a hand gesture ... my, oh my.

[TheOhioStateUniversity]

I guess he will have to sue the Delta's too....as in the black sorority Delta Sigma Theta

[dubb93]

Paging DDP, your 15 minutes are up.

Thats a former heavyweight champion man, and besides Jay-Z is retired too.

[stevew]

Talk about fucktarded.

[rkmsuf]

I smell a steel cage match. Foreign objects allowed.

[stevew]

I smell a steel cage match. Foreign objects allowed.

I got my money on jigga.

[MizzouRah]

When Jay-Z heard the news, he did the gesture for "brushing ones shoulder off".

[dubb93]

I got my money on jigga.

I'll take that bet.

[KWhit]

People are idiots.

[Young Drachma]

When Jay-Z heard the news, he did the gesture for "brushing ones shoulder off".

Yup.

I think Jigga is gonna play nice. He'll just give him 50k, invite him to the 40/40 club and tell dude to "take it easy."

[dubb93]

Yup.

I think Jigga is gonna play nice. He'll just give him 50k, invite him to the 40/40 club and tell dude to "take it easy."

I'm not sure 50K would do much in this situation. DDP was WCW heavyweight champion and fueding with Hogan when they were handing out record contracts(well above 2+ million a year to the top guys) and his wife was a top playboy model. He obviously has a serious problem with this, something that 50K isn't going to get rid of.

[cthomer5000]

"People would come up to him and ask him if he was letting Jay-Z use it or if he had licensed it to him," Gallegos said of the symbol

Yeah, I'm sure this happened. I'm sure Joe Wrestling fan walks up to DDP and engages him in a converastion about trademark licensing. This incident never happened. If by any chance it did happen, t was Gallegos himself asking the question right before he asked DDP if he had legal representation and told him of a possible quick buck in a lawsuit against Jay-Z.

[LionsFan10]

Yeah, I'm sure this happened. I'm sure Joe Wrestling fan walks up to DDP and engages him in a converastion about trademark licensing. This incident never happened. If by any chance it did happen, t was Gallegos himself asking the question right before he asked DDP if he had legal representation and told him of a possible quick buck in a lawsuit against Jay-Z.

LoL. :D

[DaddyTorgo]

BANG!!!

[JonInMiddleGA]

I'm sure Joe Wrestling fan walks up to DDP and engages him in a converastion about trademark licensing.

Not all that far fetched really. I was a pretty big DDP mark & if I'd ever seen some rapper use that particular gesture, it wouldn't have been out of the realm of possibility that I would have asked about it (presuming I actually ran into Page to get the chance in the first place).

[Young Drachma]

The dynasty sign (as the diamond is called..) is a completely different reference point than what this has-been wrestler has used it for. Even if he thinks he has a legit claim, it'd be completely different if he were still prominent and doing his thing now. He's not..and so, what the heck is his deal. What's funnier is, it's not like the dynasty sign cropped up yesterday or whatever. It's really just with seeing the prominence of Kanye West (who is signed to Roc-A-Fella, Jay's old label) and where this thing got some sort of mainstream notoreity. His kid probably was jamming to Kanye, he saw the kid making the sign and said "Dad, didn't you used to do that?"

There's your lawsuit. It'll get thrown out and it's not gonna matter. He has no real claim, here. It's not like he's using the bleeping golden arches or the intel inside sign or whatever. It's a freakin' hand gesture.

[ThunderingHERD]

This claim fails just about every single legal precedent for likelihood of confusion.

[MrBigglesworth]

It's up to DDP to defend his trademark. Sounds like he is still using it make money. And it's just about the only thing he has going for him, so I could see how he wouldn't want it to get diluted.

[cthomer5000]

Not all that far fetched really. I was a pretty big DDP mark & if I'd ever seen some rapper use that particular gesture, it wouldn't have been out of the realm of possibility that I would have asked about it (presuming I actually ran into Page to get the chance in the first place).
Yes, but would you specifically ask him if he'd licensed it? No fucking way. You might go "what's the deal with Jay-Z biting your shit?"

The way the lawyer worded it was just ridiculous and total BS.

[wade moore]

Now, I don't know how Jay-Z uses this sign...

But... a form of this sign was being used by my high school football team back in 1995... I'm sorry DDP, but you did not originate putting your hands in the shape of a diamond... maybe elegently motioning it down to your crotch while making an over-exstatic exclamation... but I'm pretty sure Jay-Z isn't doing that...

[JonInMiddleGA]

Yes, but would you specifically ask him if he'd licensed it? No fucking way. You might go "what's the deal with Jay-Z biting your shit?"

Well I might, but that's kinda related to the business I'm in, etc. I mean, the concept of licensing isn't all that foreign these days, y'know?

Now, do I think that's what every person who mentioned it would do? No. But that some, one or several, would have? I just don't think that's all that unbelievable.

[WrongWay]

It is time for me to stop buying lottery and start trademarking Hand jestures for my retirement plan.

Really, come up with 25 unique hand jestures, trade mark them, and then just set back and wait for some Sport Star, Celebrity, or Rich Dude to flash your sing and you are set for life. :)

[JonInMiddleGA]

It is time for me to stop buying lottery and start trademarking Hand jestures for my retirement plan.

I've seen worse plans.

[saldana]

i will grant that DDP is no longer in the game, so the actual residual value of his trademark is questionable, but if you think about how insane the people that go to wrestling matches are (and before anyone gets offended, i have been to one), if Page were to show up on raw or even the TNA show on spike and do the whole "BANG" thing, it would sell tens of thousands of dollars in merchandise in about 10 minutes.

[Deattribution]

He won't get a dollar, this is just to get some cheap publicity for his book since he's neither the originator of the sign, nor does he have an actual trademark on it.