Surprisingly, he wasn’t denied the trademark for being a douche, but because it is similar to another trademark that was issued last year. Sorrentino wished to have “The Situation” trademarked so he could market his own line of underwear and t-shirts. Last year a Memphis retailer who sells apparel and shoes trademarked “Situation” for their business.
Government lawyer Simon Teng denied Sorrentino’s request due to the fact that there is likely to be confusion between the two if “The Situation” were trademarked. Sorrentino’s attorney tried to convince Teng that there would likely NOT be any confusion between the two and the the word “The” makes all the difference in the world.
Their argument went as such: “The presence of the article ‘The’ is a key component of the mark, as it refers specifically to Mr. Sorrentino, and is reflective of how the term is used when applied to Mr. Sorrentino.”
Sorrentino and his lawyer are also playing the “Don’t you know who I am?” card, but so far, to no avail.