Flynt Brothers' Legal Battles Rage Over Hustler Name

CINCINNATI — Attorneys for Larry Flynt Publications, in their federal trademark infringement case against Jimmy Flynt, are seeking a permanent injunction to keep Hustler Cincinnati from using the Hustler name.

In a prehearing memorandum, which was filed earlier this week at U.S.District Court in Cincinnati, Larry Flynt attorneys claim that Hustler Cincinnati, a former licensee of the plaintiff, “has continued to improperly use plaintiff’s world-famous and federally-registered Hustler marks after the termination of Hustler Cincinnati's license agreement with plaintiff.”

The filing laid out the reasoning behind why an injunction is warranted saying that LFP owns the registered Hustler marks; Hustler Cincinnati licensed them marks from LFP with approval; LFP terminated the license agreement with Hustler Cincinnati but continued to use the marks, causing likelihood of confusion and irreparable harm to the plaintiff.

The memorandum also said Jimmy Flynt and Hustler Cincinnati have sought to distract the court from these facts by asserting a variety of vague defenses, including that Jimmy is a co-equal partner with his brother Larry Flynt and has rights to the Hustler marks.

“Neither Jimmy nor Hustler Cincinnati has ever previously contested plaintiffs' ownership of the Hustler marks nor the validity of any license agreements,” the filing said. “In fact, Jimmy has consistently disavowed, both through written contracts and sworn testimony, any ownership interest whatsoever in LFP or the Hustler marks. Indeed, Jimmy has never claimed any rights to LFP or the Hustler marks until LFP terminated the license agreement with Huslter Cincinnati in 2009.”

The court document provides further details about how Jimmy Flynt, in previous testimony over the years, has admitted to never having any ownership interest or stock in LFP.

The filing said the plaintiffs do not seek to put Jimmy or Hustler Cincinnati out of business.

“Plaintiffs merely seek to stop Hustler Cincinnati from infringing on the Hustler marks and engaging unfair competition. In other words, plaintiffs only seek to force Hustler Cincinnati to comply with its legal obligations. Meanwhile, the harm to plaintiffs is substantial.”

The plaintiffs are also seeking attorney fees. The preliminary injunction hearing is Oct. 12.

Related:  

Copyright © 2024 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

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp signed into law on Tuesday a bill that includes Georgia’s version of the age verification of adult content provisions being sponsored around the country by anti-porn religious conservative activists.

Honey Play Box Signs Canadian Distro Deal With EP Products

Honey Play Box has signed a deal with Canadian distributor EP Products.

Cherie DeVille Discusses Doc Johnson Collabs in Vice TV's 'Sex Before the Internet'

2023 XBIZ Performer of the Year Cherie DeVille is featured on Vice TV’s “Sex Before the Internet,” discussing her Doc Johnson celebrity strokers in the episode “Sex Toy Empire.”

Neon Coyotes Releases 'Day Collection'

Neon Coyotes has debuted its latest drop of BDSM wear, the Day Collection.

Ashley Manta Appointed Sexual Wellness Curator at Bspoke

2020 XBIZ Sexpert of the Year Ashley Manta has been appointed a curator of sexual wellness brands and events at Bspoke.

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

Orion Unveils 2 New Ergonomic Dual Vibrators

Orion Wholesale has introduced two new ergonomic dual vibrators from its Sweet Smile line.

California Republicans, Democrats Team Up to Advance Age Verification for Porn

Both Republicans and Democrats in the California Assembly’s Privacy and Consumer Protection Committee voted last week to move forward a version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

XR Brands Releases 'Pup Teddy Bear' BDSM Plush

XR Brands has expanded its Master Series collection of BDSM-themed teddy bears with the Pup Teddy Bear Plush.

Washington Post Spotlights ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

Show More