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Entries in Mike Sorrentino (4)

Thursday
Jul042013

Jersey Shore's 'The Situation' Loses Lawsuit Against Abercrombie & Fitch

Photo by JB Lacroix/WireImage(NEW YORK) -- Reality television star Michael “The Situation” Sorrentino, who is celebrating his 32nd birthday and the fourth of July on Thursday, may find celebratory fireworks conciliatory after losing his lawsuit against retailer Abercrombie and Fitch for trademark violations.

Sorrentino, whose nickname refers to his abdominal muscles, filed a lawsuit against Abercrombie and Fitch in November 2012, claiming the company abused his name, image and trademark when asking him publicly not to wear the brand’s clothes on the show and then making T-shirts like “The Fitchuation” and “GTL,” in reference to a catchphrase made famous in MTV’s Jersey Shore: gym, tanning and laundry.

In 2011, Abercrombie and Fitch claimed that it tried to give a “substantial payment” to Sorrentino not to wear its clothes and underwear.

“We understand that the show is for entertainment purposes, but believe this association is contrary to the aspirational nature of our brand, and may be distressing to many of our fans,” the company said in August 2011. A&F also offered to pay off Sorrentino’s Jersey Shore cast-mates not to wear the clothes.

Reid Wilson, vice president and associate general counsel for the company, said in a statement, ”We believed that the complaint against us was frivolous from the beginning, and we feel fully vindicated by the result. As to the underlying issues, we think that the entire matter is yesterday’s news.”

Sorrentino and his attorneys could not be reached for comment.

Sorrentino’s attorneys argued “The Situation” is eligible for trademark protection because it is “suggestive” or “arbitrary or fanciful,” which are categories of “distinctiveness” according to another appellate court’s decision in a trademark infringement case.

U.S. Magistrate Judge John Sullivan of the U.S. District Court in the Southern District of Florida ruled last Friday that, ”Although the word ‘situation’ is not a word that was coined or made up by the plaintiffs, or a word that is obsolete, totally unknown in the language or out of common usage, the court can discern no relationship between the word ‘situation’ and the apparel or entertainment services that the plaintiffs provide.”

O’Sullivan also wrote that Sorrentino and his company, MPS Entertainment LLC, did not develop his trademarks in time.

“At the time A&F began selling its ‘The Fitchuation’ T-shirt in February 2010, plaintiffs had not used ‘The Situation’ on a T-shirt or any other apparel,” O’Sullivan wrote.

Sorrentino “did not develop any common law rights to ‘The Situation’ for apparel until June of 2010 at the earliest,” the ruling stated, and ”did not offer apparel until after A&F introduced its parody T-shirt, and even then only on their website, officialsituation.com.”

Copyright 2013 ABC News Radio

Monday
Sep122011

'Jersey Shore's' The Situation Fires Back at Abercrombie & Fitch

Justin Sullivan/Getty Images(LOS ANGELES) -- Less than a month after Abercrombie & Fitch offered Mike "The Situation" Sorrentino money to not wear its clothes, the Jersey Shore star has issued his own proposal to the clothing retailer.

TMZ.com reports lawyers for "The Situation" have sent a cease-and-desist letter to Abercrombie & Fitch, ordering it to stop selling T-shirts that parody Jersey Shore with phrases like "The Fitchuation."  The letter, which claims trademark infringement, seeks all profits from sales of the shirts.  

In August, Abercrombie & Fitch offered "The Situation" and his co-stars a "substantial payment" to stop wearing its clothes.

Copyright 2011 ABC News Radio

Thursday
Aug182011

Abercrombie & Fitch's Stock Drops After Request to 'Jersey Shore' Stars

Justin Sullivan/Getty Images(NEW YORK) -- One day after the clothier offered to pay Jersey Shore star Mike "The Situation" Sorrentino to not wear its apparel, Abercrombie & Fitch's stock dipped nearly eight percent.

That fact didn't escape Sorrentino, who tweeted a link to an online story about Wednesday's stock drop and wrote, "Looks like Abercrombie got themself [sic] into a Situation!"

It's worth noting that the stock drop probably had more to do with Abercrombie & Fitch's second-quarter earnings report, which was announced earlier in the day, than with its proposal to The Situation, who hasn't publicly stated whether he's considering the offer.

Abercrombie & Fitch issued the offer to Sorrentino and his Jersey Shore co-stars on Tuesday, claiming that any association between The Situation and its clothes "is contrary to the aspirational nature of our brand."

MTV, which airs the show, reportedly has responded by calling the proposed deal a "clever PR stunt."

The cable network said, "We'd love to work with them on other ways they can leverage Jersey Shore to reach the largest youth audience on television."

Copyright 2011 ABC News Radio

Wednesday
Aug172011

Abercrombie & Fitch Offers 'The Situation' Money to Stop Wearing Its Clothes

Justin Sullivan/Getty Images(NEW ALBANY, Ohio) -- Here's an unusual situation.  Abercrombie & Fitch wants to pay Jersey Shore star Mike "The Situation" Sorrentino to not wear its apparel.

The clothing retailer wants to keep its distance from "The Sitch," who wore a pair of Abercrombie & Fitch sweatpants in the most recent episode of the hit MTV series.

According to The Wall Street Journal, Abercrombie & Fitch said in a statement released Tuesday, "We understand that the show is for entertainment purposes, but believe this association is contrary to the aspirational nature of our brand, and may be distressing to many of our fans."

The company didn't disclose how much it's offering The Situation, describing the amount only as a "substantial payment."  His Jersey Shore co-stars have been extended similar offers.

Ironically, Abercrombie & Fitch has parodied, and profited from, The Situation's popularity by selling a T-shirt with the phrase "The Fitchuation" printed on it.

Copyright 2011 ABC News Radio







ABC News Radio