Pitbull is now the owner of the sound ‘EEEEEEEYOOOOOO.’ Say it and you may owe him money
If you were thinking about borrowing Pitbull’s famous yell, you may be in for some legal trouble.
The Miami-born performer has successfully trademarked the shout he uses on many of his recordings - and a legal journal has just published a paper saying it could mean big changes for the recording industry.
The NYU School of Law Journal of Intellectual Property and Entertainment Law, a nonpartisan periodical specializing in analysis of of intellectual property and entertainment law, has just published an essay about the evolution of Pitbull’s “grito” (a traditional Mexican shout); the history and cultural significance of the “grito” in Latin music; the law involving sound trademarks; and how Pitbull’s trademark — a rare one — could change in the music industry.
And lest you think this sort of legal exercise is too intellectual for the likes of you, oye, baby: Pitbull — aka Armando Christian Perez, Mr. 305 and Mr. Worldwide — is one of the article’s co-authors (the others are Justin F. McNaughton, Ryan Kairalla and Leslie José Zigel).
The first footnote cited in the article? Colombian reggaeton star J Balvin.
But first things first. Here’s what Pitbull’s grito sounds like:
The article defines a grito as “a loud shout of joy or excitement that is commonly associated with Mexican culture,” one Pitbull started using as early as 2002 in Miami clubs (to alert his friends that trouble might be escalating). Trademarks for this kind of sound — and Pit has trademarked his for recorded and live performances — are rare. So rare they basically didn’t exist before now.
“Based on our search of trademark records,” the article says, “we believe that Pitbull’s registration of his grito for musical sound recordings is the first time a sound trademark within a song has been registered in the principal register for musical sound recordings.”
That rarity makes the subject a worthy topic for the journal, says Editor-in-Chief Nicholas Vincent.
“It’s always exciting when the patent and trademark office reacts with a new trademark,” he says of the journal’s ninth volume. “It raises a flag to the trademark community and in the industry.”
The article argues that Pitbull’s grito is special “because people are not just familiar with yelling, they are wired to respond to it. Pitbull’s grito serves as a musical call sign within another musical work or performance that identifies him to audiences everywhere.”
And because such calls are popular in R&B and hip hop — the journal article argues that “there is no better way to stamp a sound recording than with a unique sound” — Vincent believes that similar trademarks could change the industry.
“This could be a new way of protecting products or branding that can better help consumer and audiences identify products,” he says. “It’s opening the door to potential new trademark protection that could be lucrative for a lot of entertainers.”
Think of it this way: If Artist A is going to sample a clip from Artist B, and Artist B has a sound trademark on a particular yell or sound, not only is Artist A in trouble for copyright infringement but also trademark infringement. That’s twice the legal pain.
Whether other artists join Mr. Worldwide in a trademark frenzy remains to be seen, but one thing is certain: You can still say “Dale” without fear, Miami.
This story was originally published April 17, 2020 at 3:25 PM.
