Thursday, December 15, 2011

'Ellen' Producer Sues Declaring Rabid Fans Specific In Facebook Scam (Exclusive)

Getty Images Recently,Paul "The ProblemInch Sorrentino from Jersey Shoreline prosecuted Abercrombie & Fitch over what he saw would be a less-than-amusing publicity stunt. The store had offered him a "substantial payment" to prevent putting on its clothes, and introduced a type of clothing that apparently aped Sorrentino's famous catch phrases. In reaction, MPS Entertainment, the organization possessed by Sorrentino and the brother, filed a $4 million suit alleging trademark violations, deceitful advertising and misappropriation of his publicity privileges.our editor recommendsTHR's 5 Worst Celebrity Books of 2011: Jersey Shoreline, More Jersey Shoreline and also the Levi Johnston-Bristol Palin Feud'Jersey Shore' Season 5 Trailer: Keeping Guards Employed Since 2009 (Video)'Jersey Shore's' The Problem Sues Abercrombie & Fitch for $4 MillionAbercrombie & Fitch Offers 'The Situation' Compensation not to Put on Its Clothes PHOTOS: 'Jersey Shoreline's' Quotable Situation On Monday, Abercrombie & Fitch responded in the court having a very detailed motion to dismiss. The clothing company informs a rather different story of the items happened. Furthermore, the defendant attacks Sorrentino for weak trademark claims and states the Jersey Shorecastmember is disturbing its First Amendment to make light of the troubling situation. Here's A&F's side from the story, which starts with an episode of Jersey Shorethat broadcast on August 11. Through the episode, A&F states that Sorrentino used eco-friendly Abercrombie sweat pants bearing its logo design. PHOTOS: The Very Best and Worst Moments of 'Jersey Shore' The store states it had been concerned that "the prominent display of their A&F logo design could be seen being an endorsement with a&F from the raucous behavior on the program.Inch Reality Television shows frequently blur out brands. Not this time around, allegedly. So A&F sent instructions to MTV having a request that it is marks be pixilated from future episodes.Together with the demand allegedly came a deal that MTV, Sorrentino along with other castmembers could be compensated money because of not putting on its items. Sorrentino's camping states it never got this kind of offer, but here's phone letter to MTVco-general counselGeorge Cheekbones, revealing the "substantial" offer to prevent putting on A&F clothing was for $10,000: In the suit, Sorrentino states that the&F's efforts to make contact with MTV were a part of a "marketing ploy." Even when MTV was approached, the star states that this kind of offer never was communicated to him. A&F responds it doesn't matter. "If the offer letter went straight to Sorrentino is immaterial, and doesn't establish the falsity from the offer that Litigants allege is made,Inch the organization creates in the motion to dismiss. Sounds good. Here's the issue: Was mtss is a sincere and timely offer? The letter above is dated August 15, yet A&F had already had released a pr release 72 hours earlier observing it had offered compensation to Sorrentino to cease putting on A&F items. Furthermore, although one presidential candidateis getting condemned to be out-of-touch for delicately offering up a $10,000 wager inside a recent debate, we'll wager that "as much as $10,000" wouldn't impress many Hollywood dealmakers to be very "substantial." PHOTOS: Crazy Cases! 18 of Hollywood's Crazy Entertainment Legal cases A&F does somewhat better in attacking Sorrentino's claims that particular A&F clothing infringed his trademarks. A&F states it had placed a purchase in The month of january 2010 for 2 t-t shirts featuring phrases that parodied Jersey Shoreline. The organization states that Sorrentino was conscious of the parody t-t shirts for several months and not objected. The store continues to dispute Sorrentino's trademark dominion over "The ProblemInch and "GTL," saying evidence shows basically the reality star has put on register individuals marks. The programs haven't yet been granted through the U.S. Trademark Office. Furthermore, the utilization and "good will" from the mark is asked. It's noted that MPS allegedly acquired privileges to some stylized upside-lower "Situation" mark and design from the store named Yak Footwear, but A&F questions the validity of the assignment since there's been no transfer of economic nor evidence the mark and design has been utilized. Besides, A&F highlights the asserted trademark registration along with a&F's clothing aren't much the same and it is items are unlikely to confuse customers. The clothing store provides good quality reasoning to doubt whether Sorrentino will ultimately flourish in signing up GTL. It's stated that Viacom (parent company of MTV) really holds a trademark registration for "GYM TANNING LAUNDRY" and it has been offering on its website t-t shirts available bearing "GTL." "According to both MTV's along with other Jersey Shoreline castmates' utilization of 'GTL', Litigants cannot establish that they're the only supply of goods on offer underneath the alleged mark 'GTL', as well as their unfair uncompetition and false designation of origin claim under 1125(a) must fail," states the brief. Possibly most significant may be the wonder if A&F's utilization of Sorrentino and the catch-phrases is constitutionally-protected freedom of expression. A&F states that it is t shirts and utilisation of the star's likeness was parody -- clearly a tale, not meant to convey sponsorship: "A&F's t-shirt bearing the saying 'The Fitchuation' would be a pun or turn of phrase, parodying Sorrentino's nickname for themself as 'The Situation'. As Litigants plead, Sorrentino has made an appearance on several across the country public programs and therefore is really a public figure, susceptible to being parodied due to his presence within the public eye. Furthermore, the t-shirt bearing the saying 'G.T.L. (You Realize The Offer) Fitch', was poking fun in the Jersey Shoreline castmates self announced practice of doing the 'GTL', i.e. 'gym, tanning laundry.' We've no clue why is the typical guido in Jersey laugh, and that we know the word that the easiest method to kill a tale would be to explain it, but was this really humorous? If the judge chuckles and chucks....stay updated. E-mail: eriqgardner@yahoo.com Twitter: @eriqgardner PHOTO GALLERY: View Gallery 'Jersey Shore': The Quotable Situation

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