Court Order Further Restricts Jimmy Flynt’s Use of ‘Flynt’

CINCINNATI — A federal judge today ordered a modification to a permanent injunction against Jimmy Flynt, restricting him even further in his efforts to market Flynt Sexy Gifts in Florence, Ky.

The motion to modify the restraining order arose from Jimmy Flynt’s continued use of the “Flynt” surname to market his Florence store and now-defunct website, FlyntSexyGifts.com.

Jimmy Flynt, according to the original suit which was won by Larry Flynt, allegedly traded off brother Larry Flynt’s name used in web and brick-and-mortar advertising to promote his adult retail operations.

Larry Flynt’s attorneys in their motion for a modification to the permanent injunction said that Jimmy Flynt flouted an earlier order and subsequent appeals court ruling over the Florence store's signage because it doesn’t display his first name in a “sufficiently visible manner” and that it continues to create a likelihood of confusion with the trademark "Larry Flynt.”

Today, U.S. District Judge William Bertelsman sided with Larry Flynt again and ordered a change in a restraining order that restricts Jimmy Flynt from emulating signs and marketing materials that appear as LFP Inc. properties, as well as forcing him to place disclaimers on all advertising.

“[T]he permanent injunction issued by the court will be modified to enjoin Jimmy from using the name ‘Flynt’ in connection with the sale, promotion or advertising of adult entertainment products or services unless it is accompanied by the first name ‘Jimmy’ in the same font size, color and style and on the same background color,” the court order.

“With the exception of store signage, such use must be accompanied by a conspicuous disclaimer stating that the goods or services are not ‘sponsored, endorsed by, or affiliated with Larry Flynt or Hustler, or any business enterprise owned or controlled by Larry Flynt.’”

Two adult entertainment industry figures, including XBIZ Publisher Alec Helmy, recently testified that the Flynt surname used in connection with Jimmy Flynt’s retail operation was likely to cause consumer confusion, according to the judge’s order.

Even Jimmy Flynt said in court transcripts that “Flynt” is “synonymous” with Larry Flynt and Hustler, the judge said.

In a previous case, Bertelsman permanently barred Jimmy Flynt from using the “Hustler” name and rejected his claims that he had permission to open an unlicensed Hustler retail store.

Jimmy Flynt told XBIZ he plans to appeal Bertelsman's ruling released today.

"It's just a ridiculous decision, and we plan to appeal to the 6th U.S. District Court of Appeals," he said.

View today's order

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

Justices Alito, Thomas Invoke Victorian-Era Morality Law, Raising Censorship Concerns

Several national publications reported this week on widespread concern among Free Speech advocates after U.S. Supreme Court Justices Samuel Alito and Clarence Thomas repeatedly invoked during a hearing the infamous segregation-era law the Comstock Act, which was the cornerstone of U.S. censorship of sexual material from the 1870s until the 1970s.

LELO Launches 'Masturbitter' Craft Beer to Promote Male Sex Talk

LELO has partnered with Great Beyond Brewing Company to launch Masturbitter, a craft beer, to encourage men to discuss sex.

Skinfluential Management's FansFuel Acquires Fanwire

FansFuel has acquired creator account management tool Fanwire.

Nebraska AV Bill Moves Forward Despite Privacy, Free Speech Concerns

Nebraska’s unicameral Legislature has given first-round approval to LB 1092, the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

AEBN Celebrates 25th Anniversary

The Adult Entertainment Broadcast Network (AEBN) is celebrating its 25th year in business this week.

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still pursue antitrust claims in the future.

Xgen Now Shipping ZOLO's 'Stroke Off' Collection

Xgen Products is now shipping the Stroke Off collection of 11 handheld strokers and four masturbators modeled after lifelike body parts.

Nobü Unveils 'Gyrä' Vibrating Grinding Pad

Nobü has introduced the new Gyrä vibrating grinding pad.

Orion Introduces New 3-Motor Vibrator From 'Sweet Smile' Line

Orion Wholesale has debuted the new three-motor RC G- & P-Spot Vibrator from its Sweet Smile line.

C1R Debuts 'Vers' Suction Dildo, Butt Plug

C1R has introduced its new Vers liquid silicone suction dildo and butt plug.

Show More