In his lawsuit, Rock is seeking a permanent court order halting sale or distribution of the video, shot in 1999 near Miami. He said it was clearly understood that the video, which reportedly features four women performing oral sex on the two men, would remain Stapp's private property and would not be displayed publicly.
Red Light District attorney Peter M. Falkenstein disputes Kid Rocks claims. He said the company purchased the tape legally from its rightful owner.
“This tape was not stolen, as has been wrongly suggested,” Falkenstein continued. “My client was informed that from the moment it was filmed the tape was always in the possession of the videographer, a non-participant who owns the rights to the video.”
Falkenstein added that Rock’s privacy argument is unfounded since the sexual activity on the video took place in the presence of several people, including onlookers.
“It was filmed with Kid Rock's knowledge and with the knowledge of all involved, in the presence of several non-participants and with no restrictions as to how it might be used,” Falkenstein said.
On Feb. 21, Red Light District was ordered by a federal judge to remove a 40-second clip promoting the video from its website after Rock filed his lawsuit. Stapp’s lawyers had previously filed a separate cease-and-desist order against distribution of the video.
Falkenstein did not address Kid Rock’s claims that the video violates his trademark, but did say that Red Light District’s case will show that any injunction against distribution of the tape would violate the company’s freedom of expression.
“Red Light District has not yet presented its case,” he said. “We intend to fully contest this matter at the next hearing, and for as long as it takes to vindicate my client's First Amendment rights.”
A court hearing on the matter is scheduled for late March.