Federal Judge Issues Preliminary Injunction, Temporary Restraining Order and Precedent-Setting Opinion
CONCORD, N.H. – Federal District Court Judge Joseph N. Laplante issued a preliminary injunction and restraining order against David Garofalo, owner of Two Guys Smoke Shop in New Hampshire, ordering him not to use anyone other than Joe Ligotti as "The Guy from Boston" on his Web site, www.theguyfromboston.com. The court ruled in a preliminary opinion that Ligotti owned the trademark rights in the name "The Guy from Boston" and that Garofalo's use of any other person as "The Guy from Boston" violated Ligotti's trademark rights.
Internet-turned-mainstream media personality Joe Ligotti, widely known as "The Guy from Boston," initiated legal action in March after he learned Garofalo, his former partner in their "The Guy from Boston" Internet venture, attempted, among other things, to trademark Ligotti's name and likeness without his knowledge. When Ligotti met with Garofalo in an attempt to resolve their issues, they could not reach a consensus. Garofalo instead decided to part ways claiming he owned the name "The Guy from Boston." Garofalo claimed he created Ligotti's alter persona as "a fictional concept character" much like James Bond and that any actor could play Ligotti's role.
In a detailed and extensive, 59-page opinion, Laplante wrote in part, "...Garofalo is not like the authors that gave us James Bond, Indiana Jones, Harry Potter, or any of the other wildly popular fictional characters for whom he attempts to liken 'The Guy from Boston.'"
"Make no mistake about it, Joe Ligotti is no actor. What you see and hear is Joe Ligotti, 'The Guy from Boston' and he is as real as the sun and sky," said Ligotti's manager and publicist, Frederick J. Balboni, Jr., president of the Balboni Communications Group, LLC.
Ligotti first appeared as "The Guy from Boston" on the Web site www.theguyfromboston.com, a domain name registered by Garofalo. Garofalo later used his technical control of the site to remove Ligotti's videos and performances and replace him with an unidentified actor after the breakup.
Reacting to Laplante's decision, Ligotti said, "I stand in front of the American flag in all my videos and really do believe in our constitution and legal system. If you tell the truth, justice will prevail," he concluded.
Ligotti crossed into the mainstream spotlight after being discovered by FOX Network News Business Vice President Neil Cavuto, appearing several times on his daily show Your World with Neil Cavuto. These appearances led to a subsequent guest spot on NBC's The Tonight Show with Jay Leno, which led to regular appearances on FOX News Network's morning show FOX and Friends, a position as a contributing correspondent on Boston's FOX 25 News and as co-host of the Joe and Huggy Show on Boston's Talk Evolution WTKK 96.9FM.
Ligotti is now found on his official Web site, www.theguyfromboston.net, when not on the air waves.
Attorneys Mark Rouvalis and Eric Sommers of the law firm of Mclane, Graf, Raulerson and Middleton, PA based out of Manchester, N.H., represented Ligotti.