The Fitch vs. The Sitch battle, started back in August when retail store Abercrombie & Fitch offered Mike “The Situation” Sorrentino money to stop wearing their clothes, continues to rage on. A&F filed a motion to dismiss the charges brought to them by the ‘Jersey Shore’ star who claimed the brand stole trademarked phrases from him by using them in t-shirts that mocked him.

The lawsuit claimed that Sorrentino owns the rights to the acronym “GTL,” which stands for “Gym Tan Laundry.” It also claimed rights for the use of the phrase “The Situation.”

The A&F retort claims Sorrentino has no trademarks on those phrases, but that he only applied for them. In fact, they found that the US Patent & Trade Office denied his claim to a trademark on “Gym Tan Laundry” because MTV already owns “Gym Tanning Laundry” and the two are too similar.

But, according to A&F’s motion, none of that matters. They claim that their shirts are protected by the interpretation of Title 17 in the US Constitution that allows parody as a part of free speech. Therefore, The Situation is really a non-situation.

[TMZ]