Judge to Decide Damage Award in TVX Suit

TAMPA, Fla. — Attorneys for U.K. resident Lara Coton filed a post-trial memorandum outlining damage calculations in her case against Texas-based TVX Inc. and its president, Bob Burge.

Attorneys are seeking more than $400,000 in damages for copyright infringement, defamation and emotional distress suffered by Coton when Burge used her image in the re-released 1982 adult film “Body Magic.”

“The purpose of an award of the infringer’s profits is to prevent the infringer from unfairly benefitting from his own wrongful conduct,” the court documents said.

Coton’s attorney, Richard A. Harrison, told XBIZ that he’s confident the judge will award her some money, but that the suit is not about money.

“The point [of the suit] was to vindicate her reputation, to send a strong message to people that she was not involved in this at all.”

The court documents said, “Florida statutes provides that no person shall ‘publish, print, display or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, portrait, photograph, or other likeness of any natural person’ without that person’s express written or oral consent.”

The papers state that Jade is entitled to both actual damages and punitive damages for the unlawful misappropriation of her photograph and likeness.

Coton testified that the defendant’s misappropriation of her image and its use in connection with the “Body Magic” pornographic movie has damaged other aspects of her professional career.

A trial was held July 21, but Burge failed to show up in court. He then filed documents requesting that the court reconsider his request for postponement and to file evidence related to damages, which the court did not take into consideration.

TVX’s July 28 filing argued that it was Burge’s on-going health problems that kept him from appearing in court and not the apparent “delaying tactics” the defendant’s attorney had accused him of.

In terms of the damage award, TVX’s filing said that the copyright owner is entitled to recover actual damages suffered as a result of the infringement and any profits of the infringer that are attributable to the infringement.

The filing claims TVX had a net loss of $341, after expenses and selling 133 DVDs. Therefore, the plaintiff would not be entitled to any compensation.

TVX however did remove Coton’s image, as promised, from the DVD box art and instructed retailers to do the same thing, according to Harrison.

However, Harrison says, he can’t be confident that they removed her image from all of the CD art contained inside the box.

The judge is now deciding what damage to award, if any, and will make his decision in the next couple of weeks.

Calls to Robert Burge went unanswered by post time.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Jonni Darkko on Balance, Creativity and Doing What He Wants

Jonni Darkko wakes up around 6:30 each morning, but it’s not just because he’s a busy entrepreneur. True, he has run his own production company for the past 20 years and maintains a hectic production schedule, directing for DarkkoTV.com and EvilAngel.com — but there’s also Lulu.

Girthmasterr Plays Ball in Latest Brazzers Release

Studio exclusive Girthmasterr stars with Elly Clutch and Kira Noir in the latest release from Brazzers, "Cumming Time: The Rise of Girthmasterr."

Hazel Grace, Amari Anne Lead Thanksgiving-Themed Release From West Coast Productions

Hazel Grace and Amari Anne star with Kaby Snow in a Thanksgiving-themed release from West Coast Productions (WCP), titled “The Main Dish.”

Kylie Rocket, Beca Barbie Star in New Elegant Angel Release

Kylie Rocket and Beca Barbie star in a scene from Elegant Angel, titled “Pilgrim Pleasure.”

Creator Law Firm 'OnlyFirm' Launches

Entertainment attorney Alex Lonstein has officially launched OnlyFirm.com for creators.

German Court Puts PornHub, YouPorn 'Network Ban' on Hold

The Administrative Court of Düsseldorf has temporarily blocked the State Media Authority of North Rhine-Westphalia (LfM) from forcing telecom providers to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Lily Phillips Returns to Vixen

Lily Phillips stars with Marco Bull in the latest scene from Vixen.

FSC: NC Law Invalidating Model Contracts Takes Effect December 1

The Free Speech Coalition (FSC) announced today that North Carolina's Prevent Exploitation of Women and Minors Act goes into effect on December 1.The announcement follows:

NYC Adult Businesses Seek SCOTUS Appeal in Zoning Case

Attorneys representing a group of New York City adult businesses are asking the U.S. Supreme Court to hear an appeal of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

Kasey Kei Fronts 'Transsexual Hitchhikers 5' From GenderX

Kasey Kei stars alongside reigning XMAs Gay Performer of the Year Derek Kage in the fifth volume of GenderX Films' "Transsexual Hitchhikers," directed by Jim Powers.

Show More