Attorney Allan Gelbard filed the motion last week, stating that Tucci performed in more than 25 productions that Reality Kings legally licensed from LLL Productions, and that she signed an exclusive and perpetual agreement that allowed LLL to use her name and likeness.
Further, the motion said, the LLL Productions deal included a provision where it would be the “sole and exclusive owner” of FlowerTucci.com. It also said that LLL purchased the site “at substantial cost” in 2007.
“[Tucci] conveniently fails to acknowledge that said licenses are assignable, in whole or in part [to other webmasters under license agreements], ” the motion said.
Filed four months ago, Tucci’s suit targets a laundry list of companies and individuals, alleging that the defendants registered and operated a number of websites that use derivations of her stage name — FlowerTucci.com, FlowerTucciPix.com, FlowerTucciNude.com and Club-FlowerTucci.com, among others — and are exploiting them without her permission. In many instances, the suit said, the sites lead back to FlowerTucci.com.
Gelbard, who is on vacation, wasn’t able to respond to questions from XBIZ relative to the case, but the motion noted that Tucci breached her contract in 2007 by performing, without permission, for competing production companies. Tucci, at the time, was terminated for cause, the motion said.
Reality Kings and LLL also contend that Tucci signed a binding arbitration agreement and that her attorneys — one former, one current — failed to commence dispute-resolution proceedings and instead filed a court action at U.S. District Court in Los Angeles.
“[Tucci] entered into numerous written agreements, all containing forum selection, venue and binding arbitration provisions,” the motion said. “Perhaps for her own convenience, or for the convenience of her current counsel, she has chosen to ignore the clear and unambiguous language of the numerous documents she signed and now attempts to drag [Reality Kings] and LLL into a federal lawsuit in California.”
Tucci, whose real name is Carole Molloy, registered her stage name with the U.S. Patent and Trademark Office in 2007 after working about five years in the adult industry.
However, Reality Kings and LLL claim in the motion that “her filing with the [Patent Office] was, itself, fraudulent, and that any rights she may have had in the Flower Tucci common law mark have been abandoned through countless instances of naked licensing.”
Gelbard has asked the court to dismiss her complaint or, at the very least, transfer the matter to federal court in Florida.
Tucci’s current attorney, Michael Fattorosi, told XBIZ he could not comment on pending litigation.
A judge will hear oral arguments in the case on Sept. 28.
