Can you trademark a hand gesture?
That's what's being claimed in a recent law suit filed by professional wrestler Diamond Dallas Page against Jay-Z. As recently stated on the law website Lexicology (see http://www.lexology.com/r.ashx?i=1049090&l=6G3V0M4), Diamond Dallas Page is claiming his "Diamond Cutter" hand gester (which apparently is using the tips of one's forefingers and thumbs to create the outline of a diamond) was misappropriated by Jay-Z.
Now, one of Diamond Dallas Page's claim is that Jay-Z (as well a Roc-A-Fella Record, Rocawear owners Roc Apparel Group LLC, Urban Menswear LLC, and Rocawear Licensing LLC) infringed his trademark hand gesture by placing the diamond cutter symbol on his clothing line. To actually win a trademark infringement lawsuit you must establish that the use of a mark by one entity in selling goods or services causes a likelihood that a consumer of will confuse those goods for the good of another.
It will be interesting to see whether Diamond Dallas Page can establish that his "Diamond Cutter" hand gesture identifies his professional wresting services and that people who may purchase Jay-Z's clothes would likely be confused as to whether Diamond Dallas Page actually made the clothes. Stay tuned & we'll see if there's any Diamond Dallas Page fans who not only identify him with his hand gesture, but may think Jay-Z's clothing line was actually his line...