“According to industry figures, piracy is 600 percent higher for adult content than for theatrical films,” Pitbull Productions Executive Vice President Pat Reshen said. “The increased proliferation of counterfeit merchandise and DVD piracy of adult male entertainment properties has gone on for too long. The time has come to take a stand against the flood of cheap knockoffs and blatant bootlegs.”
The complaint was filed in U.S. District Court in Manhattan, Pitbull spokesperson Michael Violet said.
“These egregious acts of corporate terrorism will not be tolerated and Pitbull Productions has implemented every legal means at their disposal to apprehend and prosecute all those involved,” Violet said.
Defendants named in the case include Vishara Video Inc. and Vihan’s Video Inc.
Claims asserted in the lawsuit state that the video retailers caused “confusion, mistake and deception” by unlawfully using the plaintiff’s “trademarks in interstate commerce,” which is illegal under the Latham Act.
The Latham Act is a federal statute that gives parties a private remedy for false advertising claims. In order to prevail on a false advertising claim under the Latham act, the plaintiffs must prove that the advertisement is either literally false, or that the ad is likely to mislead and confuse customers.
Pitbull Productions is seeking unspecified damages and, according to a company statement, is aiming “to aggressively protect their intellectual property rights and licenses through this action and hopes that this lawsuit will send a clear message to other retailers and distributors that distributing counterfeit or bootleg DVDs and merchandise will not be tolerated.”
The company also is urging other production companies and content producers to come forward and contact them at firstname.lastname@example.org to report any suspected content piracy.
Pitbull Productions is the exclusive producer of gay ethnic niche content including the trademarked Thugporn and Tiger Tyson lines.