Hancock County

Larry the Cable Guy won't be in Diamondhead to testify in 'Git-R-Done' lawsuit

WESLEY MULLER/SUN HERALD 
 The Giterdone convenience gas station and convenience store in Diamondhead is being sued by Git-R-Done Productions, a corporation that handles merchandising for Larry the Cable Guy's likeness and the catch phrase.
WESLEY MULLER/SUN HERALD The Giterdone convenience gas station and convenience store in Diamondhead is being sued by Git-R-Done Productions, a corporation that handles merchandising for Larry the Cable Guy's likeness and the catch phrase.

GULFPORT -- Larry the Cable Guy will not be required to give sworn testimony in a lawsuit over a Diamondhead store's alleged trademark infringements and unfair competition.

Attorneys for the Giterdone C-Store on Yacht Club Drive had subpoenaed Daniel Lawrence Whitney, the blue-collar comedian who uses that stage name and the popular catch phrase "Git-R-Done."

The store's attorney's had subpoenaed Whitney to appear for a deposition Thursday at a Diamondhead attorney's office.

U.S. Magistrate Judge Robert H. Walker has signed an order to quash the subpoena.

Git-R-Done Productions Inc. is suing the convenience store and gas station, alleging trademark violations in the use of the catch phrase and the merchandising of products similar to those that bear Larry the Cable Guy's likeness.

Whitney is an officer of the corporation.

A rule of federal court says 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, Walker's order said.

The judge found that Whitney has lived in Nebraska since 2010, performed in Mississippi only five times since 2011 and was in Mississippi less than 24 hours each time.

Git-R-Done Productions can decide who it wishes to testify, Walker said.

The corporation is based in Florida. Its main office is in Atlanta.

The lawsuit also alleges the store has caused consumer confusion and had even parked a tow truck out front reminiscent of Mater, Whitney's character in the movie "Cars."

The store's attorneys had filed a counterclaim. Chief U.S. District Judge Louis Guirola Jr. dismissed it April 5 for lack of factual basis. He gave attorneys 14 days to file an amended counterclaim.

The store's attorneys have asked the court to compel the corporation to answer some of its interrogatories, which are written questions.

For instance, the corporation was asked to provide names and addresses of those who contend the store has capitalized on Larry the Cable Guy's fame and the use of the catch phrase.

Here's some of the names provided by Whitney's lawyers: Jeff Foxworthy, comedian; Jay Leno and Wilie Robertson, television personalities; Stuart Varney, television journalist; Wayne LaPierre, executive vice president of the National Rifle Association; Thomas Brent "Boo" Weekly, professional golfer; and Michael Helton, vice chairman of NASCAR.

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