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No person makes a monkey from HBO

05/16/2012 08:49:23 PM

No person makes a monkey from HBO. The pay cable network effectively defeated case through Real World: Key West star John "Johnny Bananas" Devenanzio, that claimed the cartoon character "Johnny Bananas" from Entourage's final season caused Devenanzio emotional distress and defamed him.

See more details in Entourage Seasons 1-8 DVD Box Set

The issues in the lawsuit — which also named Entourage creator Doug Ellin and HBO (and EW) parent company Time Warner — involved if nicknames are protected under law, and if the Entourage writers meant to damage Devenanzio by naming the cartoon monkey voiced by the fictional Johnny "Drama" Chase (Kevin Dillon), "Johnny Bananas. "

Based on court papers received by EW, but, the case was rejected by New York Superior Court Judge Lucy Billings for an added prosaic reason: The filing missed the one year statute of limitations by almost two months. The judge also indicated that she would have ruled in HBO's favor anyway, noting that "the telecast, even if repeated, does not constitute atrocious, indecent or utterly despicable conduct meeting the requirements for an intentional emotional distress claim. "

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