LOS ANGELES, Dec. 11 LAWFUEL – Law News Network – A federal judge granted a motion to add Rocawear owners Roc Apparel Group LLC, Urban Menswear LLC and Rocawear 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, Rocawear, manufactured and sold merchandise displaying the diamond cutter symbol.
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 use 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 feature the symbol.
The well-loved wrestler also says he used the symbol on 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.