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Universal, Fifty Shades LTD File New Motion Against Smash Pictures

Universal, Fifty Shades LTD File New Motion Against Smash Pictures
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Feb 1, 2013 11:30 AM PST    Text size: 

LOS ANGELES — Universal City Studios and Fifty Shades Ltd on Tuesday filed for a preliminary injunction against Smash Pictures to halt the sale and distribution of its parody “This Isn’t Fifty Shades of Grey XXX."

The motion states, “Plaintiffs ask this Court to enjoin the marketing, sale, and distribution of Defendants’ infringing adaptation of the 'Fifty Shades Trilogy,' a quickly and cheaply produced pornographic work that is likely to cause Plaintiffs irreparable harm by poisoning public perception of the 'Fifty Shades Trilogy' and the forthcoming Universal films.”

Universal City Studios and Fifty Shades Ltd filed a trademark infringement lawsuit against Smash Pictures in November, seeking an injunction, actual damages and punitive damages for copyright infringement, false designation of origin, false advertising, trademark dilution, business law violations and unfair competition.

The lawsuit claims that Smash used “exact dialogue, characters, events, story and style from the 'Fifty Shades Trilogy'” in its parody.

In the new motion filed in federal court on Tuesday, Universal City Studios and Fifty Shades Ltd state that Smash Pictures’ parody will damage the reputation of the “Fifty Shades” property, which Universal is adapting for the big screen and releasing through its indie banner Focus Features.

“Defendants’ crude pornographic portrayal of the erotic elements central to the 'Fifty Shades Trilogy' fails to capture the unique and delicate balance of provocative sex, emotional romance, and self-deprecating humor that has resulted in a worldwide literary phenomenon," the motion reads.

“For consumers who view the ‘XXX Adaptation’ in lieu of reading the books or watching the ‘Fifty Shades’ films, or for those who simply learn of the ‘Fifty Shades Trilogy’s' existence in a hardcore porn format, the reputational damage to these already-controversial erotic novels and films is immeasurable and irreparable.”

Universal City Studios and Fifty Shades Ltd have requested an April 1 hearing date. A copy of the motion can be seen on Deadline.com.

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