Senior Editor
04.15.09 42 Comments

American Apparel, a clothing store for people practically begging to get punched, used this shot of Woody Allen from Annie Hall in their billboard on Allen street (omg, clever!) in NYC  last April.  Allen promptly sued them for $10 mil, saying they’d used the image without his permission and he doesn’t endorse products.  But now comes the good part.  Check out American Apparel’s counter argument:

American Apparel says that it can’t have damaged Allen’s reputation by using his image because the film director has already ruined it himself. The company plans to make Allen’s relationships to actress Mia Farrow and her adopted daughter Soon-Yi Previn the focus of a May 18 trial, according to the company’s lawyer, Stuart Slotnick. “Our belief is that after the various sex scandals that Woody Allen has been associated with, corporate America’s desire to have Woody Allen endorse their product is not what he may believe it is.”

Slotnick said it was not a cheap shot to bring up Allen’s sex life. “It’s certainly relevant in assessing the value of an endorsement,” he said, noting that Olympic swimmer “Michael Phelps lost endorsement power after a photograph surfaced of him using marijuana.”

Lawyers for American Apparel have complained that Allen has refused to turn over much of the information they have demanded to prepare for trial. Among their demands were documents concerning any endorsement requests that were withdrawn after the sex scandal with Farrow and Previn became public. [via AP, theplaylist]

Much as I hate everything about American Apparel and their ugly, annoying, boring, overpriced hipster clothes, even I have to admit the “Yeah? Well you’re a child molester” defense is pretty effin gangster.

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