Abercrombie & Fitch Say The Situation Can’t Sue Them!

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Abercrombie & Fitch have one upped the Situation saying that technically he can’t sue them for copyright infringement because he was never approved for the copyright on his name so…they can continue to use the name…kind of!

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.

Photo from PR Photos

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