The lawsuit over Abercrombie & Fitch's ostensible aggrievement over Michael "The Situation" Sorrentino wearing its clothing rolls on before Judge Lenard, with a second amended complaint and motion to dismiss and response.
This all after David Lichter was unable to settle the case at the end of June.
From the response:
In August of 2011, Defendants issued what they have termed a ―press release‖ as part of an international advertising campaign, using Sorrentino‘s name and the Mark in order to create enormous public awareness, notoriety and publicity of its‘ brand, its‘ stores, its‘ products and its‘ e-commerce web sites. (DE 68 Ex. B). (The ―Press Release‖) The face of the Press Release promotes the stores operated by Defendants and it directs viewers to the web addresses of their e-commerce sites, where Defendants sell their branded products. The engine that drove the huge publicity and marketing campaign that was intended (and did in fact follow), was the use of Plaintiff‘s name and the Mark. (DE 68 ¶14, 15, 33, & 57 and Ex. B).Interesting question as to how much the case is worth under 540.08. The Situation wants in excess of $5 million plus punis, obviously A&F will say it's worth much less.
On August 12, 2011,1 Defendants embarked on this global advertising campaign, using Sorrentino‘s name and the Mark to enhance brand awareness for its products by falsely claiming that Abercrombie had offered money to Sorrentino to stop wearing their goods. Sorrentino was humiliated and demeaned as a result of Abercrombie‘s advertising campaign. Abercrombie disseminated the Press Release among all major news distribution outlets and to other news mediums. Defendants also published the Press Release on their website and on their official Facebook page (hereafter, ―the Facebook Post‖). At no time, did Sorrentino, or anybody acting on his behalf, give implied or express permission to Defendants to use Sorrentino‘s name and/or his Mark in commerce.
Who knew the guy even wore shirts?