NinnWorx_SR Loses Request for Injunction Against Michael Ninn

LOS ANGELES — NinnWorx_SR's request for a preliminary injunction against director Michael Ninn to continue to use that name was turned down at U.S. District Court Monday. Ninn's request for sanctions on the grounds that NinnWorx_SR had acted in bad faith was also turned down.

In her ruling, U.S. District Judge Valerie Baker Fairbank denied NinnWorx_SR's motion, saying "Plaintiffs have not made an adequate showing of either probable success on the merits or the existence of serious questions going to the merits. On common law trademark infringement grounds, Plaintiffs provide insufficient support for their argument that the Ninn Marks are valid, protectable trademarks. Moreover, Plaintiff do not sufficiently show that they now own the marks. Plaintiffs’ briefing on unfair competition grounds is inadequate, particularly in light of the above concerns, to support a preliminary injunction."

Regarding Ninn's counterclaim, Fairbank said "Defendant does not make an adequate showing to support sanctions. The Court does not find that Plaintiffs or their counsel acted recklessly or in bad faith, and does not find a violation."

Fairbank also noted that the names "Michael Ninn" and "Ninn" are not legally protected.

The ruling was based on filed arguments. Fairbank said that oral argument was not necessary, and vacated a hearing set for March 9.

"The thing speaks for itself, and they denied the other side's claims," Celluloid Addiction President David Sutton told XBIZ. "This allows us to continue to distribute, to shoot, to manufacture — and to use Michael Ninn's name in that process. There are no registered trademarks we have to stay away from using.

"This is an ongoing process and we're going to be in and out of court for some time to come."

Representatives of NinnWorx_SR parent company Spearmint Rhino were not available for comment.

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

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

Seoul authorities repeatedly prevented 2024 KXF The Fashion — a popular Korean adult industry expo featuring Japanese AV performers — scheduled for this week from finding a suitable venue, leading organizers to cancel the event.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with Joe Cohn, a strong advocate for the adult industry’s rights who is running for Congress in November.

Art Short Film 'The Porn Selector' Starring Kasey Warner Premieres at MoMA

“The Porn Selector,” a short film directed by visual artist and filmmaker Lou Fauroux and starring Kasey Warner, premiered earlier this month at the Museum of Modern Art (MoMA) in New York.

Sophie Dee, Ricky Johnson to Deliver 'XBIZ Talks' at Miami Conference

XBIZ is pleased to announce that Sophie Dee and Ricky Johnson will each deliver an “XBIZ Talk” at next month’s XBIZ Miami conference

Ricky Greenwood Directs 'Amuse Bouche' From Dorcel

XBIZ Award winner Ricky Greenwood directs "Amuse Bouche," the latest release from Dorcel.

Gia Derza Toplines Pat Myne's 'Squirt for Days 5'

Gia Derza headlines director Pat Myne's "Squirt for Days 5," from Evil Angel.

TeamSkeet Releases Full Version of 'Ripe for the Taking'

TeamSkeet has released the full version of its latest feature, "Ripe for the Taking," starring March AllStar Scarlett Alexis.

Shay Sights Returns to Brazzers for 1st Anal in 10 Years

Shay Sights has returned to Brazzers to performer her first anal in ten years, with Rico Hernandez.

Democratic Governor Fails to Veto Kansas Age Verification Bill

Kansas’ Democratic governor, Laura Kelly, expressed strong reservations about the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, but ultimately decided not to veto it, allowing the legislation to become law by default without her signature.

FSC's Alison Boden Testifies Against California Age Verification Bill, Urges Action to Defeat It

Free Speech Coalition Executive Director Alison Boden testified Tuesday against AB 3080, California’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Show More