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David Ortiz Offers Jay-Z Out-of-Court Settlement

Remember this story from way back in April where Jay-Z was suing Red Sox player David Ortiz for stealing his trademarked ’40/40′ brand for his own club in the Dominican Republic? Well, now Ortiz is trying to settle and halt the expensive case from progressing to trial.

“My client offered to take down the allegedly infringing website, and we’re going to talk about the name of the Dominican Republic club,” said Big Papi’s lawyer, Phillip Touitou, to the New York Post.

The original suit pegs damages at around $5 million. Ortiz has little excuse, either. He is a superstar athlete and should be fully aware that Jay-Z has partial ownership in a line of sports-themed nightclubs that have the same name that he used for his own club in a different country. The infringement claims also extend to Ortiz’s club website, which violates the same trademark terms.

Manhattan Federal Court judge Richard Berman said it would be in everyone’s best interest to “save time and money” by settling out of court. That’s the move that Ortiz and his lawyers are making. Peter Raymond, Jay-Z’s lawyer, would commit to nothing just yet.

“We’re going to talk about it, or we’re going to litigate,” he said.

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