Williams-Sonoma Sues FriendFinder, Others Alleging Trademark Infringement

SAN FRANCISCO — In a move that could have wide-ranging effects for the online adult industry, Williams-Sonoma has filed suit in U.S. District Court, charging a slew of online adult entertainment companies with infringing on the company’s popular Pottery Barn trademark to drive traffic to various “pornographic” websites.

The federal lawsuit names FriendFinder, Online Marketing Services, Unimaster, Yeticash, Domain Name Systems, Virtual World Holdings AVV, Moniker Privacy Services, Ales Lexico, John Salmond, Ford Jeske, Andrej Korchev, Vladimir Techl and Dorothy Simpson. Believing that there are other infringers out there, attorneys for Williams-Sonoma also reserved the right to add additional defendants.

“The purpose of this lawsuit is to seek damages and injunctive relief to stop defendants from their practice of using and infringing Williams-Sonoma famous Pottery Barn family of trademarks to identify their explicit and graphic pornographic adult websites,” Williams-Sonoma attorney Gregory Gilchrist said.

The suit alleges that the defendants misuse the Pottery Barn trademarks in a variety of ways, including embedding the term “potterybarnteens” in source code, using “potterybarnteens” as a domain extension and repeatedly using the term “potterybarnteens” in copy throughout various websites.

FriendFinder’s attorney, Ira Rothken, told XBIZ his client “played no role in hosting sites that use the [Williams-Sonoma] marks.”

“FriendFinder is involved because of its affiliate program,” he said. “The way they drafted the lawsuit is disproportionate and wholly inaccurate. Nevertheless, we intend to cooperate fully and terminate any rogue affiliates.

Rothken added that FriendFinder was disappointed that Williams-Sonoma had not contacted the company prior to filing suit.

“Just like any large affiliate program, such as Amazon.com, it is very difficult, if not impossible, to know where across the world marks are being infringed upon,” he said. “That’s why it’s important that trademark holders make us aware of any potential problem.”

Rothken explained that in this case, several of the affiliate programs named in the suit operate out of Central and Eastern European countries, making it nearly impossible to determine on a case-by-case basis whether an affiliate is operating in a manner consistent with local law.

Williams-Sonoma has requested a jury trial. The complaint does not specify monetary damages, although it does ask that the defendants be permanently enjoined from using the plaintiff’s trademarks. The suit also seeks a return of any lost William-Sonoma profits as well as the forfeiture of any ill-gotten gains from the alleged misuse of the trademarks.

A representative from Moniker was not available for comment at time of post.

To read a copy of the complaint, click here.

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.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

HardWerk Relaunches Through YourPaysitePartner

HardWerk.com has relaunched through YourPaysitePartner (YPP).

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.

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.

Cosplayground Releases 'Furiosa XXX: A Porn Parody'

Cosplayground has released its seventh original production, “Furiosa XXX: A Porn Parody.”

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.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Mile High Unveils New Unscripted Studio 'Sex on Sight'

Mile High Media has launched a new unscripted-content studio, Sex on Sight.

Belgian Producer Dennis Black Magic Sentenced to 7 Years for Rape, CSAM

Belgian adult producer and director Dennis Black Magic has been sentenced to seven years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

Show More