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

X3 Amsterdam Imports Hollywood Glitz With Continental Style

A throng of fans from across Europe and around the globe descended on the Passenger Terminal building on Friday, eager to meet their favorite adult stars at the inaugural X3 Amsterdam fan expo.

California, Florida Reps File Latest Bill to Repeal Section 230

Two members of Congress on Thursday introduced new legislation to repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Svakom Introduces Custom Engraving for 'Klitty'

Svakom has introduced its new customizable engraving service for its Klitty vibrator.

Orion Expands 'NEK' Line

Orion Wholesale has expanded its NEK line with a new top and shorts.

Admaze Introduces Flat-Rate Media Buying for Publishers, Advertisers

Adult ad network and agency Admaze has introduced a flat-rate media buying model for publishers and advertisers.

Centro Launches Lifetime Revenue Share Affiliate Program 'CentroPulse'

Centro has launched CentroPulse, its new lifetime revenue share affiliate program for performance marketers, adult traffic affiliates, established webmasters, and sub-affiliate network operators.

Fanstage Launches Telegram Sales Solution

Fanstage has launched its new platform, allowing creators to sell PPV content directly from their Telegram DMs.

Second Bill Proposed to Shield US Sites From 'Foreign Censorship'

For the second time in recent weeks, a Republican congressman has introduced legislation to bar U.S. courts from helping to enforce foreign laws restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

XR Brands Expands 'Creature Cuties' Collection

XR Brands has added five new devices to its Creature Cuties line.

LELO Debuts 'F2S Double Sonic' Stroker

LELO has introduced its new F2S Double Sonic stroker.

Show More