Home > News > LFP: 'American Hustler' Store Is Infringing, Cybersquatting • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

LFP: 'American Hustler' Store Is Infringing, Cybersquatting

LFP: 'American Hustler' Store Is Infringing, Cybersquatting
Get XBIZ News
Feb 9, 2016 11:36 AM PST    Text size: 

LOS ANGELES — LFP IP, the licensing company arm of the LFP and Hustler brands, has filed a federal lawsuit against the online retail apparel store AmericanHustlerClothing.com, claiming that its owner is infringing on its trademark and cybersquatting.

The suit, filed at U.S. District Court in Los Angeles, names Dublin, Ohio, resident Lee Keith Brett and alleges that he “intentionally and willfully" traded off of the famous “Hustler” marks by selling “American Hustler” branded apparel.

AmericanHustlerClothing.com has a lineup that includes for sale T-shirts, hoodies and hats — all branded with the phrase “American Hustler.”

LFP said that it has more than two dozen trademarks that are “incontestable” and that Brett, who launched his retail operation in November, has failed to respond to the adult entertainment company’s demands.

In the suit, LFP said that Brett’s use of the “American Hustler” mark will result in consumer deception and confusion.

LFP said that it got wind of Brett’s retail operation after he filed a U.S. trademark application in June over his “American Hustler” design in connection with “online retail store services featuring clothing and billboard products.”

In September, LFP attorneys filed a protest regarding Brett’s trademark application and in October U.S. Patent and Trademark Office examiners refused to register Brett’s application because of a likelihood of confusion with three of LFP’s marks.

“Defendant Brett, in contravention of the rights of plaintiff LFP, continues to operate the website located at AmericanHustlerClothing.com to sell apparel, and has otherwise failed and refused to remove the Hustler marks from his website, advertising and apparel,” LFP’s suit said.

With the suit, Brett, who could not be reached for comment by XBIZ, faces an injunction over the use of the “American Hustler” mark, unspecified monetary damages, an order to surrender for destruction all apparel and signage related to the brand and a transfer of the AmericanHustlerClothing.com domain name, among other forms of relief.

A spokesman for Larry Flynt, the president of LFP and Hustler, declined comment over the case.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

LEGAL PERSPECTIVES

The Skinny on the New DMCA Requirement

The requirements under the Digital Millennium Copyright Act (DMCA) have changed, but the sky is not falling. We have, even as a law firm, been hit with an unbelievable amount of spam sent out by law firms... More »

2017 Outlook: Legal Matters Around the Corner

The adult entertainment business’ legal community recently weighed in the top issues that companies and the industry, as a whole, should be concerned about. XBIZ asked industry attorneys to discuss... More »

Fraudulent Brazilian Trademark Registrations Running Rampant

Although you might not think often about protecting your trademark rights in Brazil, you need to — even if you don’t yet have a single Brazilian customer. Scammers are constantly looking for... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ Premiere magazine, the industry's leading adult retail trade publications, delivering the most timely and comprehensive business news and information to producers and retailers of adult products.

UPCOMING EVENTS

The European Summit

Mar 04 - Mar 07
Barcelona-Sitges, Spain

The TEA Show

Mar 05 - Mar 06
Hollywood, CA

Phoenix Forum 2017

Mar 23 - Mar 26
Tempe, Arizona

EXXXOTICA Denver

Mar 31 - Apr 02
Denver, CO.
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!