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Jay-Z's Roc-A-Wear clothing has been added as a defendant to the DDP vs. Jay-Z lawsuit over the “Diamond Cutter” hand gesture. The following was released last night:
Federal Judge Grants Motion to Add Roc-A-Wear to Pro Wrestling Champion, Diamond Dallas Page's Lawsuit Against Rap Mogul Jay-Z
(LA, California) A 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.
