That explains why, according to The Associated Press, Jay and one of his business partners filed suit on Thursday in Manhattan Federal Court against Boston Red Sox slugger David Ortiz, claiming that a nightclub opened by Big Papi in his native Dominican Republic infringes on Jay’s 40/40 club concept.
The $5 million suit accuses Ortiz of naming his Santo Domingo club Forty-Forty — a reference to 40 home runs and 40 stolen bases in one season — in the hopes of drafting off the popularity of the chain of 40/40 clubs owned by Jay in New York, Las Vegas, Chicago and Atlantic City. (Ortiz has stolen only 10 bases in his career and is not a member of the elite 40/40 club of baseball players.)
“David Ortiz is fully aware of Plaintiff’s Manhattan 40/40 club, since he had been a patron there on several occasions before he opened his infringing Forty/Forty club,” the lawsuit states about the slugger, who often comes to bat to the strains of Jay’s “Hey Papi.”
The suit is seeking $5 million in damages and asks for Ortiz to stop using the 40/40 name. The New York Daily News quoted Jay’s lawyer, Peter Raymond, saying that the similarly named clubs are not a mere coincidence.
“David Ortiz was at the club at least twice, and certainly knew of it,” Raymond said. The suit claims Ortiz visited Jay’s club when the Red Sox were in town to play the Yankees and was there during the All-Star Game celebration as well. The suit reportedly also includes photos of Ortiz partying at 40/40.