Viacom Sued Over Spike TV's 'American Digger'

The publisher of American Digger Magazine say the show has been bad for the image of the metal collecting hobby and want Spike TV to dig for another series title.

Spike's reality series, American Digger, isn't done causing grief among amateur archaologists who like to scavenge for historical artifacts.

Then in March, Ric Savage, the former professional wrestler who is the star of the series, was ousted as a columnist for the American Digger Magazine over his association with the show.

Now, the publisher of American Digger Magazine has gone another step, filing on Friday a trademark infringement lawsuit against Viacom for confusing consumers and damaging its mark.

According to a complaint filed by Greybird Publishers in Georgia federal court, "Immediately after the Defendants' show aired, the Holcombes began receiving a barrage of calls, e-mails and unfavorable comments on hobbyist forums from subscribers and hobbyists alarmed by the show's highly inflammatory and negative depiction of their hobby and the risks the show posed for the ability of hobbyists to continue their metal detecting activities, and believing that the show was related to the AMERICAN DIGGER magazine."

Greybird Publishers is demanding that the defendants be enjoined from using the American Digger mark and provide for destruction all video and other related items bearing the mark. The plaintiff is also asking for actual damages, Viacom's profits, and further legal fees.

In reaction, a Viacom spokesperson said, "This is a surprising lawsuit on a number of levels.  Primarily due to the fact that – although not disclosed in his complaint – we were issued a valid license from the plaintiff that permits our full use of the ‘American Digger’ trademark.”

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