Wednesday, September 3, 2014
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Judge says Abercrombie & Fitch shirt is not a 'Situation' violation

The "Fituation" is over.

Judge says Abercrombie & Fitch shirt is not a 'Situation' violation

"Jersey Shore" cast member Mike "The Situation" Sorrentino, with the set in the background.PHOTOS: ASSOCIATED PRESS
"Jersey Shore" cast member Mike "The Situation" Sorrentino, with the set in the background.PHOTOS: ASSOCIATED PRESS

This "Fituation" is over.

A federal judge in Florida ruled in favor of Abercrombie & Fitch Co. saying that the recently-embattled clothing company did not violate trademark rules by producing a shirt that contained the phrase, "The Fituation."

The suit, which was filed in 2011 by the company of "Jersey Shore" star Mike "The Situation" Sorrentino, claimed that the offending shirt violated Sorrentino's nickname - which is based on his abs.

U.S. Magistrate Judge John O'Sullivan stated, "Although the word 'situation' is not a word that was coined or made up by the plaintiffs, or a word that is obsolete, totally unknown in the language or out of common usage, the Court can discern no relationship between the word 'situation' and the apparel or entertainment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."

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The judge added that Sorrentino's camp did not start selling its own rendition of the shirt until later. "A&F used only so much of the plaintiff's name as was reasonably necessary to respond to his wearing A&F's brand on Jersey Shore, and did not do anything that would suggest Sorrentino's sponsorship or endorsement."

There's no contestation there. Remember when A&F offered the reality TV star $10,000 to stop wearing its clothes on the show?

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