GULFPORT, Miss. — Larry the Cable Guy will not need to make a housecall in the Git-R-Done Productions Inc. v. Giterdone convenience store lawsuit.
Git-R-Done Productions sued Giterdone, a c-store in Diamondhead, Miss., for trademark infringement and unfair competition. Larry the Cable Guy, whose real name is Daniel Lawrence Whitney, uses a catchphrase “Git-R-Done” in his comedy routines. Whitney is an officer of Git-R-Done, which markets his catchphrase.
An attorney for the c-store subpoenaed Whitney to appear for a deposition in Mississippi court. However, U.S. Magistrate Robert H. Walker quashed the subpoena, stating a party's officer can be commanded to attend a deposition only if the person lives in that state, is employed in that state and regularly transacts business in person in that state, reported the Sun Herald.
The court found that Whitney has lived in Nebraska since 2010 and has only appeared in Mississippi five times since 2011, and he left the state within 24 hours each time.
Git-R-Done has specifically claimed the c-store is attempting to profit off of Whitney’s name, claiming the c-store even parked a truck in its parking lot reminiscent of the comedian’s character Mater from the movie “Cars.”
Lawyers for the c-store responded by requesting the names of people who also claim the c-store has attempted to profit off of Larry the Cable Guy’s famous catchphrase. Lawyers for Whitney responded with several names including comedians Jeff Foxworthy and Jay Leno, golfer “Boo” Weekly and Michael Helton, vice chairman of NASCAR, the news source reported.