Smitten Kitten Drops Trademark Suit

MINNEAPOLIS  — Smitten Kitten, a brick-and-mortar and online retailer, has dropped its suit against Mike Fernandez, who operates a number of websites that use the words "smitten" and "kitten."

The Minneapolis retailer, which sells online at SmittenKittenOnline.com, said it registered the Smitten Kitten trademark for retail sex toy stores and filed suit against Fernandez in September 2010 at U.S. District Court in Columbus.

The trademark infringement suit targeted SmittenKittenLingerieBoutique.com and TalkSex-AskSmittenKitten.com, as well as the Myspace blog SmittenKittens_blog, all owned by Fernandez.

But recently Smitten Kitten filed a motion to dismiss the case.

Smitten Kitten attorney Amy Ruth Ito didn't respond to XBIZ requests for comments and the reason for the dismissal, but the case hasn't gone anywhere since the initial complaint was filed.

Since the get-go, Smitten Kitten hasn't been able to trace Fernandez's whereabouts to be served. 

On five separate attempts process servers simply said they couldn't locate Fernandez or any of his businesses despite that Smitten Kitten's attorney told a federal judge that XBIZ had spoken to him.

"[The] defendant does indeed seem to be aware of the case," Smitten Kitten counsel told the judge. "He is quoted in an article published online by XBIZ ... concerning the lawsuit filed against him."

In that 2010 interview, Fernandez said he had been struck with claims that don't make sense.

"If anyone stole the Smitten Kitten's name, it is them," Fernandez told XBIZ at the time. "They don't have exclusive rights to the name. The name is after the 1950s cartoon 'Tom and Jerry.'"

"Smitten Kitten" is the 66th "Tom and Jerry" cartoon where Tom spots an attractive female cat and falls head over heels in love with her, dangling out his tongue as she giggles.

Further, Fernandez said, "The sites have never been active; we never launched."

Fernandez said it was his ex-girlfriend who came up with the names of the sites but that he and his ex split up three years ago and so did the idea for commercial lingerie sites, as well as their umbrella company, Sex Toys Revolutions.

"I received a letter from [Smitten Kitten operators], and I immediately got pissed off and insulted as well because my sites looked much better than their sites," he said. "In fact, one of my main images, inspired by the 'Tom and Jerry' cartoon, was created by laboring for six hours using the smudge tool in Photoshop. The fact is the joke is on them. I never commercially launched the sites."

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Best Kept Secret Store Owner Eric Wexler Passes Away

Eric Wexler, an industry veteran of over 40 years and owner of Best Kept Secret in Queens, New York, passed away on June 11 at the age of 74.

Honey Play Box Debuts 'Noctura' Thrusting Dildo

Honey Play Box has introduced its new app-enabled Noctura thrusting dildo.

New Creator Directory 'TrustyFans' Launches

TrustyFans, a new directory for creators, has officially launched.

Electric Novelties Debuts New 'Blue Line' Stim Tool Collection

Electric Novelties has introduced its Blue Line collection of stimulation tools for men.

Corey Silverstein to Host Webinar on 'SCOTUS Age Verification Ruling'

Where Does Age Verification Go From Here," to livestream July 10 at 4 p.m. (EDT).

FSC Publishes Guidance on Google Analytics Lawsuits

The Free Speech Coalition (FSC) has published guidance on how adult websites can protect themselves in the wake of several consumer class action lawsuits filed against sites for using Google Analytics.

Onahole Debuts New 'Aska Mai' Love Torso

Pleasure brand Onahole has introduced its new Aska Mai love torso.

BranditScan, CreatorTraffic Partner for 'Creators & Agencies' Initiative

BranditScan and advertising network CreatorTraffic have partnered for an initiative to help creators and agencies generate traffic and protect their content.

Nothosaur Marks Pride Month With Rainbow-Colored Pleasure Products

Pleasure brand Nothosaur has introduced its rainbow color series of fantasy dildos for Pride month.

ULoversDoll Debuts Transgender Love Dolls

ULoversDoll has introduced a new line of transgender dolls from its Dolls Castle collection.

Show More