Hancock County

Giterdone store still wants Larry the Cable Guy to testify

Larry the Cable Guy
Larry the Cable Guy

GULFPORT -- A Diamondhead store apparently wants to "giterdone" when it comes to compelling Larry the Cable Guy to testify in a lawsuit.

The convenience store Giterdone has served notice to Daniel Lawrence Whitney that he is to appear for a deposition in June in Omaha, Neb.

Whitney, known on stage as a blue-collar comedian, is an officer of Git-R-Done Productions Inc. The corporation is suing the Diamondhead store over allegations of trademark infringements and unfair competition.

The store's attorneys had subpoenaed Whitney to answer questions under oath at a Diamondhead law firm earlier this month. A federal judge said no. Whitney doesn't live in Mississippi, he doesn't work in Mississippi on a frequent basis and the corporation is not in Mississippi. A rule of federal court says a party's officer can't be commanded to testify in a lawsuit unless those conditions exist. The corporation can decide whom it wants to testify.

Whitney lives in Nebraska. The corporation is based in Florida. Its main office is in Atlanta.

A notice filed in U.S. District Court says Whitney is to appear at the Thomas & Thomas Court Reporting Firm in Omaha at 11 a.m. June 13.

The store's attorneys had filed a counter-suit. Chief U.S. District Judge Louis Guirola Jr. dismissed it April 5, calling it "disingenuous," vague and devoid of supporting facts. He allowed the attorneys to try again.

An amended counter-claim, filed April 18, says the store began paying sales taxes in 2012, has advertised on a billboard on Interstate 10 for two years and advertises on a Facebook page and a website.

The counter-claim says the comedian's bawdy humor has damaged the store's reputation and the lawsuit has caused the store to lose money.

The corporation claims the store obtained its trademark by deception and has hurt its merchandising business.

The phrase Git-R-Done has been used on the comedian's merchandise for 11 years and throughout his entertainment career, the lawsuit said.

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