A&P vs. D'Avella
A&P vs. D'Avella is a pending lawsuit (New Jersey case number L-515-07) made by the Great Atlantic and Pacific Tea Company against brothers Mark A. D'Avella and Matthew D'Avella. The suit charges the brothers with defamation, business and product disparagement, and federal trademark infringement regarding a "Rap Video" made by the brothers and posted online.
Background
The Rap Video referenced in the complaint is a music video for a parodic rap song written by the D'Avella brothers entitled "Produce Paradise." The video itself features the defendants rapping inside the A&P supermarket in Califon, New Jersey, at which they were employed at the time of filming.
The complaint accuses the brothers of:
- defamation of the reputation of A&P and of the treatment of produce by its employees,
- business and product disparagement in that the publication of the Rap Video interferes with customer relations, and
- federal trademark infringement, dilution, and unfair competition in that the defendants are illegally using the A&P logo to promote their video and abilities.
Each of these three counts demands one million dollars in damages, and it is demanded that the damages be trebled. Also, the plaintiff demands the removal and destruction of all copies of the Rap Video.
According to the defendants' blog, as of September 28, 2007, the defendants will be represented pro bono by the law firm of McElroy, Deutsch, Mulvaney & Carpenter. The plaintiff is represented by Fulbright & Jaworski L.L.P.
Media Coverage
The nature of this case, specifically the relatively large amount of damages demanded, have raised it to the attention of national media. The brothers were featured in a CNN interview and an Associated Press article published on the ABC money website.