Pet company wants comedy writer to change his sock

Pets.com is accustomed to breaking new ground. It was the first Internet pet-supply company to raise venture capital and the first to buy commercial time during the Super Bowl. Now it's first to sue a TV comedy writer for making fun of its "spokespuppet." In a complaint filed April 12 in U.S. District Court in San Francisco, the e-tailer is charging Robert Smigel, the former head writer on "Late Night With Conan O'Brien," with defamation and trade libel for disparaging the sock puppet that is the center of the company's $20 million marketing campaign. Smigel is the author and voice of a foul-mouthed rubber hand puppet named Triumph, the Insult Comic Dog. Triumph is a favorite of "Late Night" viewers and appears regularly on the program. In effect, Pets.com is charging Smigel with using his sock puppet to defame its sock puppet. "In an attempt to harm the Sock Puppet's audience appeal and market share, and to increase Triumph's popularity through a public 'controversy' or 'scandal,' Defendant (Smigel) has claimed on national television, the Internet and in print media that Pets.com stole the idea and creation for its Sock Puppet from Defendant and that the Pets.com Sock Puppet is a 'rip-off' of Triumph," the suit alleges. Pets.com also believes that Triumph's attacks on its mascot created "an undesirable, unwholesome and unsavory mental association" with its Sock Puppet in the minds of consumers. Smigel - through his friend Jeff Ross, the executive producer of "Late Night" - declined comment. But Ross said, "You want my first comment? I think it's hysterical." The 15-page complaint asks for unspecified damages and legal costs from Smigel. Pets.com bases much of its case on appearances made last month by Smigel and current "Late Night" head writer Jonathan Groff on "The Daily Show," "Inside Edition" and the New York Daily News Web site. In each appearance, the writers (and Triumph) claim the Sock Puppet is a pale copy of Triumph. The Sock Puppet has already been a source of controversy. Last month The New York Times reported that shortly after the Walt Disney Co. bought a 5 percent stake in Pets.com, the Sock Puppet started making "guest" appearances on several Disney-owned media outlets, including three affiliated with ABC's news division: "Good Morning America" (where he sang to co-host Diane Sawyer), "Nightline" and the Mr. Showbiz Web site, which doubles as the entertainment page of ABCNews.com. Viewers were never told that Disney had a financial stake in Pets.com. Nor, apparently, was the media: A March 20 press release promoting the Sock Puppet's appearance on Mr. Showbiz makes no mention of Disney's investment. Wouldn't the Pets.com lawsuit be a juicy target for Groff and his writing team at "Late Night"? Of course, said Ross - but he'd have to consult NBC's legal eagles first. To reach Aaron Barnhart, phone (816) 234-4790 or visit the TV Barn Web site at www.tvbarn.com @ART CAPTION:The Pets.com sock puppet is at the center of a lawsuit between the company and a former writer for "Late Night With Conan O'Brien." @ART:Photo @ART CREDIT:File photo >>>