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“The Situation” Vs “The Fitchuation”

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TV Personality Mike 'The Situation' Sorrentino (Photo by Jason Merritt/Getty Images)

TV Personality Mike ‘The Situation’ Sorrentino (Photo by Jason Merritt/Getty Images)

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MIAMI (CBS4/AP) — “Jersey Shore” star Mike “The Situation” Sorrentino lost his lawsuit against Abercrombie and Fitch Co.’s  “The Fitchuation” shirt, Wednesday, in a South Florida federal court.

A judge said the clothing company did not violate trademark rules by producing a shirt playing on the nickname of Mike “The Situation” Sorrentino of TV’s “Jersey Shore.”

Sorrentino’s company sued the clothing company in 2011 and claimed that the shirt amounted to trademark infringement and other violations of his nickname, which is based on his abdominal muscles.

But U.S. Magistrate Judge John O’Sullivan recently ruled for Abercrombie and tossed the case. O’Sullivan concluded that the company marketed the shirt as a parody and that Sorrentino’s company didn’t start selling its own shirt until later. And the judge found the products are not the same and thus can’t confuse purchasers.

“Jersey Shore” ran on MTV for six seasons, ending last December.

(TM and © Copyright 2013 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2013 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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