TMZ reported that despite the fact that the truck owner Joe Kim, allowed Metro to use his truck in the shoot, he is claiming the porn notoriety can ruin his business.
Kim said the attention is "already begun causing loyal customers to voice concerns about the healthfulness of the food."
The truck owner maintained that the Metro filmmakers misled him into believing that his truck would be used only as a backdrop for the shoot and not include hardcore sex.
Kim is also claiming the unauthorized use of his trademark and logo despite a “Visual Materials and Trademark License Agreement” that Metro supplied and was signed by him.
Kim’s lawyer is claiming that the “purported license” is invalid based on inaccurate verbiage — the license notes “The Pink Pig,” when Kim’s trademark is “The Flying Pig.”
Metro General Manager Rick Porras told XBIZ, "Metro has been in business for over 40 years and we have never had had any sort of issue like this."
Metro attorney, Lawrence C. Ecoff told XBIZ that he has filed a response without merit and all of the actions were knowingly disclosed pursuant to the agreement between the two companies.
Ecoff noted that the driver of the food truck is an employee of the owner and the charge that Kim was unaware of what was happening during the shoot is "simply preposterous."
Kim is planning to file a lawsuit in the next few days to block the scheduled Jan. 24 release of the movie.
But Ecoff said that any lawsuit is completely frivolous and Metro will respond accordingly, adding that the company will release the movie and the entire three-movie series as planned.
He added that the owners of the truck received a screening copy of the first movie after it was complete and the situation is now "remorse after the agreement."