A New York judge has dismissed an MTV reality star's copyright infringement lawsuit against Entourage creator Doug Ellin.
The Real World star Johnny Devananzio, also known as Johnny Bananas, sued the TV boss last October (11), alleging Ellin and HBO network chiefs caused him emotional distress with a storyline in which Kevin Dillon's actor character voices a gorilla cartoon called Johnny's Bananas.
However, Superior Court Judge Lucy Billings has now ruled that Devenanzio filed his complaint too late as the episodes in question began airing in August 2010 after the one-year statute of limitations had already expired.
The ruling, obtained by The Hollywood Reporter, reads, "In any event, the telecast, even if repeated, does not constitute atrocious, indecent or utterly despicable conduct meeting the requirements for an intentional emotional distress claim."