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<pubDate>Tue, 5 Jul 2011 19:06:29 PDT</pubDate>
<title>Washed Up On The 'Jersey Shore': The 'Original DJ Paulie' Sues DJ Pauly D</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20110704/13013414960/washed-up-jersey-shore-original-dj-paulie-sues-dj-pauly-d.shtml</link>
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<description><![CDATA[ <p>Via Overlawyered comes the news that <a href="http://overlawyered.com/2011/07/paulie-unsaturated/" target="_blank">a battle royale between two DJ Paulies is coming to a head</a>. Unfortunately for those of us who sat through such seminal DJ-centric films as <em>Breakin'</em> and <em>Breakin' 2: Electric Boogalo</em>, this battle will be taking place in an uptight courtroom rather than in a grafitti-ridden subway stop or something. </p><p>The trademark infringement claim centers on one Paul Lis, who until recently, was <em>the </em>premier DJ Paulie/Pauly in the state of Connecticut: </p><blockquote><p><em>Paul Lis of South Windsor, Conn., said he spent 40 years building up a  reputation as the region&rsquo;s &quot;DJ Paulie&quot; before DelVecchio began calling  himself &quot;DJ Pauly D&quot; on television. . . .</em></p> <p><em>&quot;He formally trademarked the name &lsquo;DJ Paulie&rsquo; and then came the &lsquo;Jersey Shore&rsquo; which basically  wiped him off the face of the map,&quot; attorney Jose M. Rojas told  NewsCore.</em></p></blockquote><p>Lis' lawsuit alleges that MTV &quot;flooded the internet&quot; with <em>Jersey Shore</em> content, wiping almost any trace of the &quot;Original One and Only DJ Paulie&reg; since 1973&quot; (according to his <a href="http://www.djpaulie.com/" target="_blank">website</a>) right off the search engine map. Now, it would seem obvious that MTV hasn't actually done any &quot;flooding&quot; as popular TV shows generate their own heat, via &quot;news&quot; items, forum discussions, Facebook fan pages, etc., not to mention that the cast members have never shied away from any self-promotional activity. </p><p>I'm sure it's disheartening for the &quot;original&quot; DJ Paulie to search his own name only to have <a href="http://www.google.com/#sclient=psy&#038;hl=en&#038;source=hp&#038;q=dj+paulie&#038;aq=f&#038;aqi=&#038;aql=&#038;oq=&#038;pbx=1&#038;bav=on.2,or.r_gc.r_pw.&#038;fp=fce33a84b0764b22&#038;biw=1336&#038;bih=882" target="_blank">Google inform him that he's misspelled it and show him results for the infinitely more popular DJ Pauly D</a>, but anyone looking for a mild-mannered DJ who's been in business &quot;since 1973&quot; (mainly in the greater Connecticut area) is not going to mistake a gel-topped, Cadillac-tattooed Jersey boy for the person in question. (Or so you would think. In his cease-and-desist letter to Viacom, Lis points out that in three  months he received &quot;112 emails and 5 phone inquiries regarding whether  or not he was DJ Pauly D from MTV's <em>Jersey Shore</em>.&quot; 117 fast-moving morons is a <em>lot</em> of morons.) </p><p>In response to this&quot;redirection&quot; of DJ Paulie's fame and fortune, he's asking for $4 million in damages, applying not only to &quot;loss of revenue&quot; due to search engine results, but also the damage done to DJ Paulie's &quot;G-rated&quot;  reputation by DJ Pauly D's actions, including allegedly physically  assaulting a male hairdresser. (This is on top of the &quot;debauched lifestyle suggestive of loose morals,  violence, intoxication and liberal profanity&quot; listed in the filing.)</p><p>The &quot;Original DJ Paulie&quot; has several things going for him in this suit. First of all, he's been using the name &quot;DJ Paulie&quot; continuously since 1971. Not only that, but he filed for a trademark on &quot;DJ Paulie&quot; in 2008, roughly a year before <em>Jersey Shore</em> debuted. Add to this the fact that Jersey Shore's DJ Pauly D has applied for a trademark and been rejected three times for &quot;likelihood of confusion,&quot; and it looks as if DJ Paulie may have a legitimate claim after all. And as for the &quot;moron in a hurry&quot; litmus test? As noted above, he's run into a few of those as well. (Presumably, most of them warning him to stay away from their sisters.)</p><p>Unfortunately, despite these positives, Lis and his lawyer have also dragged in a lot of extras which muddle the relatively clear waters of trademark infringement and send it saling into &quot;spray and pray&quot; territory. First off, Lis claims that MTV &quot;placed content on the internet with metatags and/or other internet searchable indicia intentionally utilizing the spelling of 'DJ Paulie'&quot; to draw traffic to the <em>Jersey Shore</em> star. Unfortunately, this claim heads down a path <a href="http://www.techdirt.com/articles/20090914/0426386183.shtml" target="_blank">paved by other failed lawsuits</a> as Google has shown that <a href="http://www.techdirt.com/articles/20091117/0835176963.shtml" target="_blank">it does not use metatags to provide search results</a>.&nbsp; </p><p>He's also naming Baskin-Robbins as a defendant based on its marketing of &quot;disc jockey software incorporating the mark 'DJ PAULY D'&quot; and Hearst Communications for its Cosmo app, which was promoted by DelVecchio. Also listed are the mysterious John Does, all 999 of them, each of which is potentially &quot;liable to the plaintiff for trademark infringement and other related civil wrongs,&quot; which I would take to mean that he and his lawyer are hoping to find more defendants through the discovery process. </p><p>Of course, all this attendant publicity has gotten his name back to the top of the search engine results. Unfortunately, it does mean he has to share the headlines with his ultra-tanned nemesis. </p><br /><br /><a href="http://www.techdirt.com/articles/20110704/13013414960/washed-up-jersey-shore-original-dj-paulie-sues-dj-pauly-d.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110704/13013414960/washed-up-jersey-shore-original-dj-paulie-sues-dj-pauly-d.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110704/13013414960/washed-up-jersey-shore-original-dj-paulie-sues-dj-pauly-d.shtml?op=sharethis">Email This Story</a><br />
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