ediation ordered for Ferrignos
Area business owner sued by onetime "Hulk." Misuse of name alleged.
Thursday, May 18, 206
By TOM QUIGLEY
The Express-Times
GREENWICH TWP. | A federal magistrate has ordered Andrew Ferrigno and his television star brother Lou to settle their legal dispute over Ferrigno Fitness.
The Route 57 fitness store, which Andrew Ferrigno owns, is at the center of a federal lawsuit brought by Lou Ferrigno against his brother in early January.
On Wednesday, a federal magistrate ordered the brothers to seek an out-of-court agreement through a court-appointed mediator. Andrew Ferrigno's wife, Janie, is also a defendant and co-owner of the fitness shop.
"Mediation is a good idea," Phillipsburg attorney Scott Wilhelm said. "It's worth the effort in this case."
Wilhelm -- who represents Andrew Ferrigno, 52, of Bethlehem -- said it's a good opportunity for both sides to look at the strengths and weaknesses of the trademark rights case.
Lou Ferrigno, 53, of Santa Clara, Calif., claims in the suit his brother and sister-in-law are unlawfully trading on the name and image of the former action star, featured in the 1970s TV show "The Incredible Hulk."
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 reads.
"We just think it's ludicrous and ridiculous," Andrew Ferrigno said Wednesday. "I've been in business more than 20 years."
Andrew Ferrigno said he and his brother have always had "a great relationship."
The Ferrigno brothers worked out together as young boys in the Bensonhurst section of Brooklyn years ago.
He said his brother Lou called him a couple of days before the suit was filed.
"His comment was it's strictly business and don't take it personally," Andrew Ferrigno said. He said he initially felt ashamed about the whole thing.
"Now I'm adamant," he said. "This is costing me money."
He said the photos of Lou Ferrigno in his shop were signed by the former actor and presented to his family.
"Those pictures were signed to my children," said Andrew Ferrigno, the father of one daughter and two sons.
The lawsuit also accuses the Warren County business of cybersquatting by registering the Internet domain name
www.ferrignofitness.com. Lou Ferrigno says he has been using that corporate name for his own business ventures.
Andrew Ferrigno said he offered to change the Web site to settle the suit and his brother refused.
"He's very hard-nosed about this," he said.
Wilhelm has said Lou Ferrigno wants to shut down his brother's store and described the lawsuit as "bullying."
Newark attorney Anthony P. Callaghan, who is among the attorneys representing Lou Ferrigno, could not be reached for comment late Wednesday.
Andrew Ferrigno said he and his late father, Matthew, moved the business from Brooklyn to Greenwich Township more than 20 years ago.
The mediation is not binding and the case could still go to trial.
Reporter Tom Quigley can be reached at 908-475-8184 or by e-mail at tquigley@express-times.com.
