DIAMONDHEAD, Miss. -- Daniel Lawrence Whitney, also known as "Larry the Cable Guy," has filed a lawsuit against Giterdone C-Store LLC, which operates a gas station and convenience store in Diamondhead, Miss., called Giterdone, alleging "trademark infringement, trademark dilution and unfair competition."
Whitney's popularized the “git-r-done" catchphrase and has sold licensed merchandise under the catchphrase since 2001, including energy shots, beer, snack bars, candy bars, prepared foods, packaged meats, t-shirts, hats, cigarette lighter, knives and more.
According to court documents, filed in the U.S. District Court in the Southern District of Mississippi, the "defendant has purposefully misappropriated this well-known tagline and trademark of the famous comedian and actor," and that the defendant is "trying to capitalize Mr. Whitney's fame and on the popularity of the 'git-r-done' catchphrase."
The plaintiff said, "Giterdone is an atypical-type name for a convenience store or gas station, chosen only to steal [the] plaintiff's goodwill. … [The] defendant's use of the infringing mark is likely to cause confusion, deception and mistake by creating the false and misleading impression that [the] defendant's products are provided by [the] plaintiff or are associated or connected with [the] plaintiff or have the sponsorship, endorsement or approval of [the] plaintiff."
And "by spelling the word 'get' as 'git, [the] defendant purposefully imitates the Southern-style pronunciation Mr. Whitney uses when he says his famous phrase."
The suit also says that the "defendant sells a number of products for which the plaintiff holds federal trademark registration."
Atlanta-based Git-R-Done Productions has tried, unsuccessfully, to get the gas station to stop using the "infringing mark."
Giterdone C-Store has denied all allegations in the lawsuit, filed by Git-R-Done Productions Inc., according to a report by The Sun Herald.
An attorney representing Giterdone C-Store LLC has filed an answer to the complaint in U.S. District Court in Gulfport. The response, filed Tuesday, denies the allegations and asks a federal judge to enter a judgment in favor of the store.
The suit seeks to stop the defendants from using the Giterdone or "Geterdone" marks, logos and designs and to turn over all merchandise and packaging that contains the marks, destroy all materials used to create the marks, account for profits derived from the marks and pay "treble" damages, as well as legal costs. Alleged damages exceed $75,000, not including interest and costs, the report said.
The Giterdone station opened in 2013, the court documents said, although the company filed a trademark application for "retail convenience stores" in 2008 and first used 'Giterdone' in interstate commerce in June 2009.
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