Don’t put words in Larry King’s mouth, or he just might drop a lawsuit in your lap.
Former “Shark Tank” contestant Nathaniel “Nate” Holzapfel was hit with a lawsuit on Wednesday by Larry King Enterprises and ORA Media, accusing Holzapfel of wrongfully using a “mock interview” that King agreed to do with Holzapfel as a favor.
The suit, filed in federal court in California, alleges that Holzapfel “used false pretenses to obtain Larry King’s participation in a mock interview, then infringed Plaintiffs’ common law trademarks and rights of publicity to make it appear that Larry King endorsed Defendants’ commercial activities when, in fact, he has not done so.”
According to the complaint, King agreed to do the mock interview, conducted in 2013, “as a favor to a family member.” The suit goes on to say that King agreed to provide Holzapfel with a copy of the interview, “for the limited and sole purpose of using excerpts from it in a ‘sizzle reel’ that Holzapfel could privately submit to a few television producers and others, in the hopes that those producers would hire Holzapfel for a television program. Holzapfel agreed to use the recorded Mock Interview only for that limited purpose.”
However, the suit says, Holzapfel stepped beyond that agreement.
“Defendants later began using footage from the Mock Interview, as well as still images of Larry King taken from the Mock Interview and elsewhere, and combining those images with words falsely attributed to Mr. King, to make it appear that Mr. King endorsed Holzapfel and to otherwise publicly promote Defendants and their services,” the suit reads. “Defendants prominently included Larry King’s name, image, and a quote of him saying that ‘you’re selling me on laughing’ taken from the Mock Interview in an ‘electronic press kit.'”
The suit continues, “Defendants also used Larry King’s name to falsely imply Mr. King’s endorsement and promote themselves and their services in another part of that electronic press kit which falsely states that ‘Larry King…loves Nate because Nate makes everyone feel like they are the most important person in the room,’ statements Mr. King never did and never would make.”
The complaint adds that it was made to seem that Holzapfel had appeared on “Larry King Now,” when in fact he did not.
TheWrap has reached out to a representative for Holzapfel for comment on the suit.
Holzapfel appeared on three episodes of “Shark Tank” from 2013 to 2014, successfully pitching the Mission Belt. He also appeared on the companion series “Beyond the Tank.”
Alleging trademark infringement, unfair competition and other counts, the suit seeks unspecified damages.
Pamela Chelin contributed to this report.
Hollywood's Most Outrageous Lawsuits (Photos)
Between Lindsay Lohan firing back at Fox News, Mariah Carey allegedly short changing her domestic help, and Sly Stone winning millions after suing his ex-manager -- stars often turn to the courts to address their squabbles and strife.
Lindsay Lohan filed suit against Fox News and Sean Hannity on Feb. 2, 2015, after a news correspondent accused Lohan's mom of snorting cocaine with her troubled daughter. It didn't take long for Fox to fire back. “We will defend this case to the fullest,” the network told TheWrap the next day.
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A former nanny for Mariah Carey and Nick Cannon filed a lawsuit on Jan. 28, 2015, alleging she was fired after showing the couple's kids too much affection and did not receive overtime pay despite working 100 hours per week.
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Legendary funk artist Sly Stone won $5 million on Jan. 27, 2015, after suing his former manager and entertainment attorney for misappropriating royalties owed him for more than 20 years.
Former “Real Housewives of Orange County” executive producers Patrick Moses and Kevin Kaufman filed a suit against Bravo in Nov. 2014, claiming they were deceitfully ousted from the show and bilked out of millions of dollars after helping to create the show and the franchise.
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Jessie Nizewitz, a contestant on VH1’s “Dating Naked,” filed suit in New York in Aug. 2014, seeking $10 million in damages for emotional distress, humiliation and embarrassment after the show allegedly failed to properly blur her genitals.
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Octavia Spencer was awarded $940,000 in Dec. 2014 after claiming a weight loss company, Sensa Products Inc., wrongfully fired her from an endorsement deal and still owed her money.
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Former Tinder executive Whitney Wolfe filed a sexual harassment lawsuit against her former company June 2014, alleging she was repeatedly called a "whore" by CMO Justin Mateen and was stripped of her co-founder title simply for being a woman.
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Former TMZ producer Jarrett Gaeta slapped his former employer with a lawsuit in June 2014, claiming he was wrongly terminated. Gaeta was let go after a subordinate accused him of "racist behavior," including defending blackface and sending pictures of watermelons to African-American employees.
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CNN America was sued in Aug. 2014 by a pair of plaintiffs who claim that correspondent Arwa Damon bit one of them and threatened both during a drunken altercation at the U.S. Embassy in Baghdad.
"Boardwalk Empire" actress Paz de la Huerta sued Lionsgate in Aug. 2014 claiming she was run over by an ambulance while filming "Nurse 3D." Lionsgate filed a motion to dismiss, which De La Huerta opposed on Jan. 23, 2015. Lionsgate then opposed her opposition on Jan. 30, 2015, in a seemingly neverending loop of opposing motions.
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Rapper Rakim Mayers, aka A$AP Rocky, was sued in civil court in June 2014 for allegedly assaulting a woman while making his way through a crowd during the 2013 Made in America Festival.
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Nicki Minaj’s former hairstylist and wig designer filed a $30 million lawsuit against the rapper in 2014 for allegedly stealing his wig designs and costing him a potential reality show. A judge later dismissed the case for lack of sufficient evidence.
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Kim Kardashian and Kanye West filed suit against YouTube founder Chad Hurley on Oct. 31, 2013, claiming he posted a video of the couple’s surprise engagement to his website without permission. The process was delayed when Hurley’s reps filed an anti-SLAPP motion in an attempt to have the case dismissed.
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Jahmel Binion filed a lawsuit against Shaquille O’Neal in July 2014 when O’Neal posted a photo to his Instagram account mocking Binion, who suffers from a rare condition that causes facial abnormalities, sparse hair and missing teeth. Binion claimed defamation, emotional distress and invasion of privacy in the $25,000 lawsuit, and after pressure from the public O’Neal apologized.
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In 2014 singer Chris Brown was mentioned in a lawsuit filed by the cousin of artist Frank Ocean. The defendant claimed Brown and an associate allegedly kicked and punched him when he confronted them about parking in a spot designated for Ocean at a Los Angeles recording studio. Ocean, who was also injured, later said he wouldn't seek criminal or civil penalties.
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From embezzlement to slander, there’s no shortage of celebrity court action
Between Lindsay Lohan firing back at Fox News, Mariah Carey allegedly short changing her domestic help, and Sly Stone winning millions after suing his ex-manager -- stars often turn to the courts to address their squabbles and strife.