Less than two weeks ago, Arrow Productions counsel filed an amended complaint to include another classic porn movie series — “The Devil in Miss Jones” — to the suit, attorney Clyde DeWitt told XBIZ.
Arrow, in its six-count amended complaint, alleges trademark and copyright infringement and counterfeiting, among other charges, over the sale of various versions of the “Deep Throat” and “The Devil in Miss Jones” movies, both produced in the early 1970s.
Arrow, in the suit, said it holds ownership of 16 “Deep Throat” movies, as well as two “Linda Lovelace” movies. The Las Vegas company also claims it owns six “The Devil in Miss Jones” movies.
VCX, which sells classic porn movies from the ‘70s, ‘80s and ‘90s, markets copies of “Deep Throat” and “The Devil in Miss Jones” on its website.
DeWitt said in June that VCX believes that the movies are in the public domain, a misperception because he contends the rights have been assigned to Arrow.
VCX’s Sutton told XBIZ that his attorney is reviewing the amended complaint and that it wasn't unexpected.
"We waived time for their answer back [in a motion] in May so that negotiations could continue unfettered by time constraints," Sutton said.
In a previous interview, Sutton said it was Arrow Productions that fired the first shot when it re-released “Debbie Does Dallas” and “The Devil in Miss Jones,” two videos that were re-released in 2006 by VCX.
“There is not a voice louder than mine advocating against piracy,” he told XBIZ in June. “This is a case that needs to be decided by the courts.”
The suit, filed at U.S. District Court in Las Vegas, seeks an order requiring VCX to stop selling the movies and to turn over to Arrow any inventory, as well as DVD labeling and packaging. The suit also seeks a recall from consumers all such movies it has sold.