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Abercrombie & Fitch

The Situation Can't Sue Us ...

We're ALLOWED to Mock Him

12/15/2011 1:05 AM PST BY TMZ STAFF

1214_situation_ambercrombie_ex
Abercrombie & Fitch is trying to end their ongoing feud with The Situation once and for all -- asking a judge to dimiss the "Jersey Shore" star's lawsuit against the clothing company ... on grounds dude can't take a joke.

The war between Sitch and A&F began back in August -- when A&F publicly offered to pay The Situation NOT to wear its clothing. A month later, Sitch sued the company, claiming it ripped off his "GTL" and "Situation" trademarks on a line of guido-mocking t-shirts (below).

Abercrombie & Fitch GTL and Fitchuation T-shirts
But now, A&F is trying to put an end to the back-and-forth -- claiming Sitch had no right to sue them in the first place ... because he doesn't technically own the trademarks in question ... he only applied for them.

What's more -- A&F claims Situation's application for "Gym Tan Laundry" has actually been suspended ... because MTV already owns "Gym Tanning Laundry," and the US Patent & Trademark Office thinks they're too similar.

But trademarks aside -- A&F insists its shirts are still protected under a law that allows parody as part of free speech ... in other words, the shirts were obviously a harmless joke ... albeit at the Situation's expense.

Bottom line, A&F is hoping to avoid further litigation by citing an often incontrovertible fact ... The Situation is full of crap. So far, no word back from Sitch's camp.

41 COMMENTS

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16.

DMO    

Who the F would where that stupid sh*t anyway??

980 days ago
17.

Kyle    

Who would wanna wear this clothing to begin with?
It looks retarded.

980 days ago
18.

RuKiddingMe    

This guy is supposed to be in his 20s but looks like he is 47. What a gross looking guy! You know you are trash when a company offers you money to not wear their clothes. All these Jersey Shore people are ugly, trashy and dumb. They demand money for being low s***.

980 days ago
19.

Kyle    

The Situation should hereby be rechristened what everyone thinks of him anyway "The Retardation" or simply "The Re-tard".

980 days ago
20.

Hamptonsdude    

"Herpesituation".

980 days ago
21.

ShrinkWrap    

While I think he is a joke, he may be right. Using his name to sell sell a product without paying him, may be crossing a legal line.

980 days ago
22.

If sense were common everyone would have it.    

Then he's "allowed" to make fun of you too, by wearing your typically ugly DOUCHEWEAR. No one can tell anyone what they can & can't wear if it's for public sale. Maybe a&f should look within their own organization & understand why they're attracting the demographic they attract: Because their advertising is aimed at these a**holes!

980 days ago
23.

willie1    

A pop eyed pin head. His so called product line looks like it came out of kids section or only the metally challage would wear the sh*t because they don't know any better. The B*tchuation is nothing but a retarded douchie moron.

980 days ago
24.

Ammy    

And people were all up against LIndsay Lohan when she was suing people for using her name...there are only a few people that can wear those word shirts, and on top of that, only a few situations for most. But mostly would look for for a high school night of drinking and getting high and the ensuing "cool" pictures that usually follow. ANYONE would look good with that shirt in a picture. Random comment.

980 days ago
25.

Canadasux    

"Dirty Hippie" is right. "The Situation" is a nobody (and I don't and never have watched his show.). But, having said that, A&F can't say it's only mocking a public personality when really what it's doing is trying to make tons of cash off of The "Situation's" so-called, "fame." I hope he gets every nickel he's asking the court for from A&F.

980 days ago
26.

Jackie    

Roflmao...." Situation" isn't your name...The word is a noun. so stfu.

980 days ago
27.

Canadasux    

By the way, I know some fine people who live in trailer parkers. But, these "Jersey Shore" "geniuses" would be rejects in any trailer park in America if they applied to even shoot a season in one - let alone to live in one.

980 days ago
28.

RandomTandem    

obviously A&F is run by a bunch of douche bags. Im siding with The Situation on this one. They dont want him wearing their clothes, but then they use him to sell their clothes. Its wrong.

980 days ago
29.

Victoria    

Maybe this Mike idiot should go wax and bleach his A hole and get on with his weird life. Just because he wears their crappy clothing line doesn't mean he's gotta sue them for making fun of him and his stupid guidolicious boy toys.

980 days ago
30.

55vineyard    

Once upon a time they used to have very nice clothes but not for the last 12 years or so, never even step foot in the place anymore.

980 days ago
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