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Lawsuit Over 'Shaqtus' Cactus A Prickly Situation

Jan 16, 2010, 3:15 PM EDT

Many of you have likely seen the ESPN commercial where Shaquille O’Neal informs his traveling partners that “no one touches the Shaqtus,” which is a cactus that appears to have the face of the accomplished actor/aging basketball player. According to the commercial, the Shaqtus is a “a mystical plant indigenous to Florida, Arizona, Southern California and Ohio.”
Well, apparently Shaquille O’Neal – or perhaps more accurately those who earn their income off of him – have a lot of time on their hands and want to ensure that they alone are able to squeeze every possible cent out of his brand because he is now suing a businessman who registered a trademark on the Shaqtus, alleging that the businessman is inappropriately profiting off the magic and splendor that is the Shaq Daddy.

Perhaps the most heinous act committed by the businessman is that he attempted to get ESPN to pull the hi-larious commercial. What? And deprive us of our recommended daily allowance of Vitamin Shaq? What does this goofball expect us to do? Receive all of our Shaqstenance and subsist solely on Comcast commercials? I think not. I say “Good day to you, sir!”
Unfortunately for the wily businessman, his meeting with The Worldwide Leader didn’t go as well as he expected.

ESPN blew the guy off — but now Shaq is looking to take back full control of the Shaqtus trademark.

But according to the suit, the businessman isn’t going down without a fight — arguing that Shaq consented to his use of the Shaqtus because Shaq once took a photo with a guy and autographed a shirt for him.

I’m sorry, but I have to side with The Unknown Businessman on this one. I don’t want to live in a world where a business deal cannot be memorialized between two interested parties simply by posing for a photo together along with an exchange of an autographed t-shirt. How in the heck do you think I got this weekend editing gig?
O’Neal Sues — You Hacktus My Shaqtus [TMZ Sports]

  1. ocgunslinger - Jan 17, 2010 at 10:38 AM

    When did Shaq file for the Trademark? When did the “Business man” file for the Trademark? They both are making a business claim so let’s see who made the best business move to protect the name.