Abercrombie & Fitch The Situation Can't Sue Us ... We're ALLOWED to Mock Him
12/15/2011 1:05 AM PST BY TMZ STAFF
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).
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.