03/13/2012 22:08Kentoine Johnson

LOS ANGELES (LALATE EXCLUSIVE) – The Situation “Fituation” lawsuit against Abercrombie & Fitch is going GTL, getting a trial lead date. Defendant Abercrombie & Fitch and plaintiffs Michael Sorrentino (“Jersey Shore”) and MPS Entertainment LLC were given an upcoming jury trial date by Judge Joan A. Lenard, LALATE can exclusively report. Defendant A&F (NYSE:ANF) is still, however, contesting The Situation’s complaint against it.

Judge Joan A. Lenard has given The Situation a jury trial date of March 25, next year. All non expert discovery between the parties, however, must be resolved by June 29 of this year, the court recently ordered. The Situation is being represented by Wolfe Law Miami attorneys Darren Adam Heitner and Richard Charles Wolfe.

In November, LALATE broke the world exclusive that Sorrentino was suing the retailer regarding its notable Fituation and GTL shirts and similar products. The suit, filed in the Southern District of Florida, claims the defendants engaged in Trademark Infringement, Unfair Competition, False Description arising under the Lanham Act, and Unfair Business Practices arising under Florida state law, LALATE first exclusively reported in November.

Sorrentino is upset about the above t-shirt and another one sold with the caption reading “GTL … You Know the Deal”. The total amount sought by The Situation about the Fituation and the GTL products remains still unknown.

But in his complaint, Sorrentino claimed that a Florida state entitles him to be paid “three times damages”, and that Abercrombie should be “ordered … to pay a reasonable royalty in the amount of $1 million plus exemplary and or punitive damages in the amount of $3 million”.

On February 8, the court order a denial of “defendant’s motion to stay discovery.”. A&F has filed a new motion to dismiss the amended complaint for alleged failure to state a claim. Sorrentino has since replied. The court has yet to rule on the latest motion. The case is MPS Entertainment, LLC et al v. Abercrombie & Fitch Stores, Inc. The defendant is being represented by Gerald J. Houlihan of Miami along with Jessica D. Bradley and John G. Froemming of Jones Day in Washington D.C.

http://news.lalate.com/2012/03/09/the-situation-fituation-abercrombie-lawsuit-gets-trial-lead-exclusive/