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Solo Defending YouTube Clowns Goes Up Against BigLaw Opponent

New York Lawyer
January 5, 2007

By the Staff of New Jersey Law Journal

The Glen Gardner brothers sued by A&P over their gangsta-rap parody video, "Produce Paradise," now have a pro bono lawyer.

Pennington solo David Perry Davis agreed Friday to represent Mark and Matthew D'Avella, aka "Double D" and "Razor Blade," in the Hunterdon County suit filed Aug. 24, which seeks damages for defamation, disparagement and trademark infringement.

The video, posted Aug. 6 on youtube.com and the D'Avellas' own site, fakelaugh.com, had more than 80,000 viewings as of Friday, up from 1,800 on Aug. 21. It shows them biting produce, juggling it and pretending to lick it and urinate on it. The lyrics say packaged, cut fruit is "some nasty shit."

The brothers, who are college students, lost their jobs in the produce department of the Califon A&P, though they claim they had their manager's OK to make the video.

Davis says he will file a $1 billion counterclaim for abuse of process, wrongful termination and intentional infliction of emotional distress among other claims, if A&P doesn't drop the suit. A&P's lawyer, Erica Reed, of Fulbright & Jaworski in New York, could not be reached for comment.