Brazzers Loses Motion to Dismiss $6.75 Million Infringement Suit

NEW YORK — A federal judge late Monday denied Brazzers' parent company its motion to dismiss a $6.75 million suit alleging it pirates adult content.

The ruling by U.S. District Judge Shira Scheindlin moves forward Pink Visual’s claims that Mansef Inc., which owns Brazzers, violated 45 copyrights on four of its tube sites. The judge issued the ruling without any discovery or disclosures.

Scheindlin, however, said that Mansef could renew a motion to dismiss at another appropriate time.

Pink Visual, owned by parent company Ventura Content, claims in the suit that Mansef’s business model “depends on the lure of infringing materials” and that the Montreal-based company fails to employ “any reasonable measures to reduce infringement on their websites.”

Mansef, alternatively, said that Pink Visual fails to make the case that it actually owns the copyrights on the videos in question. Their attorneys also assert that the federal court lacks jurisdiction because “a more convenient alternate forum exists in Canada."

The websites at issue in Pink Visual's complaint include KeezMovies.com, PornHub.com, ExtremeTube.com and Tube8.com, all owned by Mansef Inc. and Interhub, whose officers operate both companies as well as one of the best-known adult companies, Brazzers.

As the case moves forward, Pink Visual plans to depose current and former Mansef execs.

Pink Visual intends to depose the individuals about the technological operation of Mansef-owned sites, including the mechanisms for copying, distributing, uploading, displaying and performing files. It also wants Mansef communications with users, including efforts to terminate user accounts.

Pink Visual also wants to look at Mansef’s business plans and advertising revenue, as well as a review of content on the sites.

Mansef plans to depose current and former Pink Visual execs.

It too wants to look at its competitor’s business plans and explore Pink Visual copyrights, as well as ways it is able to identify its works and the methods it uses to police its copyrights.

Both parties have come up with a deadline of mid July to commence discovery and have agreed to forward protective orders that will govern the exchange of confidential information.

Mansef attorneys, who so far have not answered Pink Visual’s demand to preserve relevant discovery material, called Pink Visual’s requests “onerous and irrelevant.”

Pink Visual, which seeks statutory and actual damages, punitive damages, attorneys fees and injunctive relief in the suit, said in a statement that their case is solid.

"We aren't surprised the court denied their motion, and we remain highly confident in our case," says Q Boyer, Pink Visual's director of public relations.

XBIZ calls to Mansef attorney Michael Lane went unreturned at post time.

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

Age Verification: FSC's Mike Stabile Reports from the Frontlines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Bella Rolland Toplines 'The Sex Impulse' From Sweet Sinner

Bella Rolland headlines "The Sex Impulse," the latest release from Mile High Media studio brand Sweet Sinner.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to distribute content on its streaming platform from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation 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.

Willow Ryder, Angelina Diamanti Topline 'Lesbian Neighbor Affairs'

Willow Ryder and Angelina Diamanti headline "Lesbian Neighbor Affairs," from Girlfriends Films.

Show More