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Adult Industry Legal Articles

Law Dragon: Insurance Comes in Handy When You Get Sued

Law Dragon: Insurance Comes in Handy When You Get Sued
Business insurance is important. Unfortunately, many small business operators fail to think about it until it is too late. That is especially true for startups. Businesses — especially new ones — sometimes overlook what can go wrong. Accordingly, there are some disaster-prevention activ... More »

Law of Sex: Close Up the Internet, Election Season Is Here

Law of Sex: Close Up the Internet, Election Season Is Here
You know elections are upon us when politicians start talking about wanting to “close up” the Internet, or censor Twitter and Facebook. Throw in a couple terrorist attacks and you have the perfect storm for loss of cherished First Amendment rights. Donald Trump’s suggestion that A... More »

Legal Perspectives: What the Adult Industry Owes to James Joyce

Legal Perspectives: What the Adult Industry Owes to James Joyce
The adult industry has a very good sense of history. For example, none would challenge the statement that this industry took a leading role in protecting First Amendment rights for all Americans. In the adult industry, we have our heroes and martyrs. Larry Flynt, for example, never shied away from a... More »

Courtrooms in the Cloud: The DOJ Calls and Raises at the 3rd Circuit

Courtrooms in the Cloud: The DOJ Calls and Raises at the 3rd Circuit
On Dec. 9, a three-judge panel of the 3rd U.S. Circuit Court of Appeals will hear oral argument from the parties and take a second look at the decision it rendered in May concerning the Free Speech Coalition’s constitutional attack against 18 U.S.C §§ 2257-2257A, the recordkeeping st... More »

Legal Perspectives: ‘Dancing Baby’ Case's Effects on Adult Business

Legal Perspectives: ‘Dancing Baby’ Case's Effects on Adult Business
In 2007, Stephanie Lenz went to You-Tube and posted a video of her baby running around her kitchen, pushing a toy cart, with a few seconds of Prince’s “Lets Go Crazy” playing in the background. Little did she know that this 29- second video would turn into a landmark court decision... More »

Brand News: How to Lose a Company's Trademark

Brand News: How to Lose a Company's Trademark
Earlier this year, in a case of first impression before the Federal Circuit, the court directly addressed “whether the offering of a service, without the actual provision of a service, is sufficient to constitute use in commerce under Lanham Act § 45, 15 U.S.C. § 1127.” The cou... More »

Law Between the Sheets: Independent Contractor or Employee?

Law Between the Sheets: Independent Contractor or Employee?
All too often, adult business operators spend so much time focusing on things such as obscenity, record-keeping and intellectual property that they neglect some important corporate issues, including taxation and employment law, which can have a tremendous impact on a business owner. Make no mistake... More »

Courtrooms in the Cloud: For 2257, What Comes Next?

Courtrooms in the Cloud: For 2257, What Comes Next?
In resolving the latest assault against 18 U.S.C. § 2257, a three-judge panel of the 3rd U.S. Circuit Court of Appeals roundly rejected the Free Speech Coalition’s broad assault on the substantive provisions of 2257, largely centered on arguments arising from the First Amendment. But cur... More »

Raising Capital: New SEC Rules May Be a Crowdfunding Game Changer

Raising Capital: New SEC Rules May Be a Crowdfunding Game Changer
On Wednesday, March 25, the Securities and Exchange Commission announced its unanimous approval of the final rules for Title IV of the Jumpstart Our Business Startups Act, also known as the “JOBS Act.” The announcement, which Kiran Lingam of Crowdfund Insider described as “a bombs... More »

Legal Reality: Immoral, Scandalous Trademarks

Legal Reality: Immoral, Scandalous Trademarks
Competition in the adult entertainment industry is intense. The widespread availability of free adult materials online, rampant Internet piracy and very low barriers of entry for new competition all combine to make profitability more difficult than ever before. Successful adult entertainment compan... More »

BUSINESS ANALYSIS

Marketing Online, In-Store Experience Set to Drive Retail Sales in 2016

Distributors play a vital role in the marketing of sex toys, pleasure products and adult videos. Whether the products being offered are floggers, vibrators, latex corsets or MILF/cougar videos, getting... More »

Video Industry Execs Discuss Plans, Challenges for 2016

What will the New Year of 2016 bring for the adult video business? According to an informal XBIZ survey, there’s a lot of hope in the midst of ongoing challenges. Even in an industry dominated by... More »

Sex Toy Manufacturers Predict Upcoming Trends, Hot Products for 2016

What pleasure products categories will grow and what product features will be most popular in the coming year? And what products will be showcased at ANME? Make a New Year’s resolution to read on... More »
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