Monday, Nov 23, 2009    Text size: 

Earlier this month, XBIZ disclosed that Tucci had indicated she would dismiss her suit, which claimed that the defendants cybersquatted and infringed on her likeness.

The case ended up at U.S. District Court in Florida after Reality Kings was granted a motion to transfer the case from Los Angeles.

It was initiated about seven months ago and named Reality Kings and LLL as defendants along with Scorching Sands Inc., hosting company Net227 Inc., registrar NameCheap, as well as webmasters T. Kgels, Adam Nalepowski and Michael Puskarz.

Each party will bear their own costs and attorney fees, according to a filing on Friday.

Tucci alleged the defendants registered and operated a number of websites — FlowerTucci.com, FlowerTucciPix.com, FlowerTucciNude.com and Club-FlowerTucci.com, among others — and are exploiting them without her permission.

She also claimed that her Reality Kings contract was the result of “overreaching” or “overweening bargaining power” and that she never intended on working exclusively for Reality Kings or LLL when she signed the January 2007 deal.

Later, she was found to have worked on Elegant Angel shoots and was terminated as a contract performer.

The Reality Kings/LLL deal was a rich one for Tucci, who was to be paid $130,000 per year, as well as a $5,000 signing bonus and a necklace.

Tucci, in her suit, argued that if the enforceability of the contract was fraudulent that she’d be able to nix a motion to move the court venue to Florida, where Reality Kings and LLL are based.

But the federal judge in the case ruled last month that Tucci did not demonstrate that the contract is procedurally unconscionable or unenforceable and gave the green light for the case to move to Florida.

On Friday, Tucci's suit was dismissed at U.S. District Court in Miami.