"My first instinct was that I was going to fight (him), but I don't have the means,'' Nicholson said Tuesday as he stood behind the counter in his store, which also sells hockey, wrestling and ultimate fighting souvenirs."I am in no position to fight Darrell Waltrip. He has deeper pockets than I do."

A now kept-down Canadian, Nicholson told the paper he spent $1,200, (or $27 American), to make sure the name was kosher. For eight years, there was no issue. Now Waltrip’s lawyer is treating Nicholson like Kyle Busch treats guitars.

"From a trademark point of view, he is infringing Darrell Waltrip's registered Canadian trademark,'' Scott Miller, the head of the litigation group at MBM, said."Taking intellectual property without permission is as reprehensible as taking anything else."

Nicholson’s comeback is classic, perhaps the funniest thing I’ve read this month.

"I really don't understand this,'' Nicholson said. "It is not like I was making money off of Darrell Waltrip's name. It's a word for goodness sakes- 'boogity' - and I am not even sure it is a real word. It's a redneck word."

Since Nicholson can’t fight legally, his attitude is, "Boogity Boogity Boogity, let’s go fighting boys."

"I used to like Darrell Waltrip, but I think if I had him here now, I'd tear out his wind pipe," Nicholson said.