PETS.COM SOCKS IT TO `LATE NIGHT' WRITER

Dayton Daily News (OH) -- April 27, 2000 -- Section: NEWS. p. 2A

SAN FRANCISCO - Online pet supply store Pets.com says the friendly reputation of its kitschy ``spokespuppet'' has been defamed by a foul-mouthed dog puppet featured on NBC's Late Night With Conan O'Brien .

In a federal lawsuit filed last week, Pets.com accuses Late Night writer Robert Smigel, creator of the show's Triumph the Insult Comic Dog, of defaming the ubiquitous sock puppet.

``Triumph is a rubber-dog that . . . regularly uses vulgarity, insults both the humans and other dogs around him and often conducts physical attacks of a sexual nature on female dogs,'' the complaint says.

Smigel has claimed to media outlets that ``the Sock Puppet is a `rip-off' of Triumph.''

The lawsuit names only Smigel and not the show or NBC. It seeks unspecified damages and legal costs. Marc Liepis, a spokesman for Late Night , said neither the show nor Smigel would comment on the lawsuit. But he noted that the cigar-smoking Triumph made his debut long before the arrival of the sock puppet. Liepis said the cigar-smoking Triumph first appeared on Late Night on Feb. 13, 1997. The Pets.com puppet made its debut in August 1999.

``I'm guessing Pets.com is suing to basically stop Robert (Smigel) from complaining that they ripped it off from us,'' Liepis said.