MTV Star Sues Cinemax Over 'Johnny Bananas' in 'Entourage'

Claudette Barius/Cinemax Reality star John Devenanzio, who states he's generally known inside the entertainment world as "Johnny Bananas," went ahead with risks and punished the producers in the recently completed Cinemax series, Entourage. The complaintant is demanding the network be permanently barred from disseminating episodes that consists of "Johnny Bananas," which might get rid of the seventh and last season in the show. The 2009 summer season, Devenanzio, who came out just like a cast member on MTV's The Actual Existence Key West and several other MTV reality shows, had his lawyer fire off a cease-and-desist letter to Cinemax. The potential risks apparently did not do anything whatsoever to scare the network. So, on Monday,Devenanzio filed a complaint in NY Superior Court against Cinemax, parent Time Warner, and "Entourage" creator Doug Ellin. STORY: 'Entourage' Finale: THR Goes Behind-the-Moments in the Series The suit charges the accused with featuring an "unwarranted, unauthorized, and unfavorable mention of the complaintant's title and personality, and allusions to complaintant's mental and physical character." PHOTOS: 'Entourage' Finale: 20 Memorable Hollywood Cameos Within the Series Devenanzio's legal claims are remarkably vague. It appears thatDevenanzio is not saying any allegation of trademark breach, but rather accusing Cinemax of breaking his publicity and privacy rights, defaming him, and resulting in emotional distress. VIDEO: 'Entourage' Roundtable It's worth watching thatDevenanzio's lawyer isStephanie Ovadia, the identical person that represented She when the actress punished E-Trade for airing a commercial through the Super Bowl that featured a "milkaholic" baby named Lindsay. The Two cases have parallels. She didn't use a trademark on her behalf account title either, so Ovadia attempted use a theory how some lucky individuals have names that acquire such recognition and prestige, they are worth special defense against aggravation, harassment, and commercial advantage. Ovadia's court briefs were pretty entertaining, sloppy, and befuddling before that fit settled. Ovadia is becoming testing out a couple of of the identical issues within the Lohan situation in their new "Johnny Bananas" suit. In line with the complaint,Devenanzio "went through tremendous emotional distress which has been deliberately triggered upon complaintant by accused' unwarranted, unauthorized, and unjustified usage of complaintant's title and portrayal inside an offensive and disparaging manner in named 'Entourage'." (Underline ours) For his part, Kevin Dillon, who had the level of smoothness-playing-character role of "Johnny Bananas" in Entourage, told reporters in August that neither he nor Ellin "understood anything about [Devenanzio]" when the character was created, saying the chance suit will be a "bummer," partly because there's discussions from the real "Johnny Bananas" spin-off. Regardless of merits in the claim, people plans are likely off now, asDevenanzio not only seeks an injunction but furthermore award for and punitive damages. It's highly unlikely thatDevenanzio will achieve an injunction, and also the success inside the suit may depend on whether they can find anything in discovery that shows Ellin and also the authors hadDevenanzio in your thoughts after they created the "Johnny Bananas" character. Nevertheless, a judge could find using title being protected free speech. E-mail: eriqgardner@yahoo.com Twitter: @eriqgardner Entourage