Situation’s T-shirt claims found thread-bare
There’s, legally speaking, “no situation” when it comes to an Abercrombie & Fitch parody of MTV reality star Michael Sorrentino, aka “The Situation.” A U.S. District Court in Florida has granted summary judgment in favor of the controversial clothier, ripping the stuffing out of Sorrentino’s suit against it, asserting violations of the Lanham Act, right of publicity, unfair competition and injury to business reputation. Sorrentino appeared on the The Jersey Shore, the youth network’s reality show that debuted in December, 2009. In reference to his well-worked abdominals, he nicknamed himself “The Situation” and “Mike the Situation” and sought to put those phrases in common use about himself on the TV show. In February, 2010, A&F began selling “The Fitchuation” T-shirts exclusively through its branded stores and website. The retailer was frank about making fun of Sorrentino and said its nom de guerre was a play on words or parody of his nickname. To capitalize on its campaign, after A&F sold the last of its T-shirts in June, 2011, it wrote to MTV Networks on Aug. 15, 2011, about an Aug. 11, 2011, Jersey Shore episode, objecting to Sorrentino so prominently wearing its clothing on air. A&F offered to pay Sorrentino, MTV Networks and other Shore cast $10,000 forgo wearing its wares, contending to do so for its brand was inappropriate and might confuse consumers about endorsement. A&F even issued a news release...
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