Ferrigno Files Suit Over Brother's Store

Ferrigno Files Suit Over Brother's Store

Published: 3/9/06, 7:04 PM EDT
NEWARK, N.J. (AP) - In his former incarnation, Lou Ferrigno probably would have ripped his shirt off and smashed his brother to bits.

But now the former champion bodybuilder who starred as TV's "Incredible Hulk" is using the federal court system to settle a dispute with his brother over trademark rights to a fitness equipment store in Warren County.

Ferrigno is suing his brother, Andrew, and Andrew's wife, Janie, who live in Bethlehem, Pa., and their business, Ferrigno Fitness of Greenwich Township, claiming they are unlawfully trading on the name and image of the former action star.

"This is bullying," said Scott Wilhelm, lawyer for the defendants. "Andrew and his wife have been running their business for over 20 years, and now, for the first time ever, Lou wants to shut them down.

"Andrew says nothing has happened between them to make his brother spiteful or vengeful," Wilhelm said. "I don't know what level of income Lou has these days, but Andrew is confident that it still far exceeds his."

The lawsuit, filed in U.S. District Court in Trenton, claims the store has a green awning, portions of the interior are green, and one green wall is covered with photos of Lou Ferrigno in bodybuilding poses, as well as in his trademark green makeup for his role as the Hulk.

The lawsuit asserts that the "defendants deliberately chose a trade name incorporating the Ferrigno name in an effort to profit from the reputation and renown of Lou Ferrigno."

"On numerous occasions, Lou Ferrigno and members of his family have been contacted or approached by strangers or acquaintances who believe that Ferrigno Fitness is 'Lou's store,'" the complaint read.

Lou Ferrigno, who lives in Santa Monica, Cal., says in court papers that he has no interest or involvement in the New Jersey store. His lawyer did not immediately return a call seeking comment Thursday.

The lawsuit also accuses the New Jersey business of cybersquatting by registering the Internet domain name http://www.ferrignofitness.com. Lou Ferrigno says he has been using that corporate name for his own business ventures.

Wilhelm said Andrew Ferrigno and his late father, Matthew, began selling fitness equipment in Brooklyn, N.Y. in 1980. Two years later, the father bought a 5,000 square-foot retail store on Route 57 in Greenwich and moved the business there.

The father died in 2003 after a two-year battle with stomach cancer - a period in which Lou Ferrigno offered no help with the business, the lawyer said.

Wilhelm said his clients intend to fight the lawsuit, whose claims he said are "without merit."

credit BellSouth