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 © 2026 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

Pineapple Support Partners with Better Life Science's 'STD Hero'

Pineapple Support has partnered with Better Life Science brand STD Hero.

Brazil Sets Enforcement Timeline for New AV Rules

Brazil’s National Data Protection Authority (ANPD) on Friday published a timeline outlining planned steps for monitoring and enforcing age verification under the country’s Digital Statute for Children and Adolescents (Digital ECA), which took effect Tuesday.

Eye of Love to Debut 'Kiss Chemistry' Collection From 'Matchmaker' Line at Altitude Intimates

Eye of Love will introduce the Kiss Chemistry lip gloss collection from its Matchmaker line at the Altitude Intimates Show in Las Vegas, which begins on Sunday.

XBIZ, EroSpain Partner for 'Ibiza Experience'

XBIZ and EroSpain have teamed to co-host the Ibiza Experience, an exclusive, invitation-only gathering of the global pleasure industry’s premier brands and buyers, set for Sept. 22-25 at the five-star Ibiza Gran Hotel.

Dr. Tush to Debut 'Redefined Anal Plug Collection' at Altitude Intimates

Dr. Tush will introduce its new Redefined Anal Plug Collection at the Altitude Intimates Show in Las Vegas, which begins on Sunday.

Hankey's Toys Debuts Lance Woods Silicone Lifecast Dildo

Mr. Hankey's Toys has introduced its newest silicone lifecast dildo, modeled on the anatomy of performer Lance Woods.

Nasstoys to Debut 'Sky' Vibe Collection at Altitude Intimates

Nasstoys will introduce its Sky vibrator collection at the Altitude Intimates Show in Las Vegas, which begins on Sunday.

Utah Governor Signs 'Porn Tax' and VPN Rule Into Law

Governor Spencer Cox on Friday signed into law a bill to tax adult websites and make them liable if minors circumvent geolocation.

Kheper Releases New Edition of 'Making Bad Situations Worse' Party Game

Kheper Games has released its Making Bad Situations Worse — The Outrageous Version party game.

BranditScan Launches 'White Glove' Subscription Tier

BranditScan has launched its new White Glove subscription tier for creators.

Show More