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

Nebraska Legislature Passes Republican's Age Verification Bill With No Votes Against It

Nebraska’s unicameral legislature has passed the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

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 have antitrust claims that they may pursue in the future.

Skylar Snow Headlines 'Infidelity 4' From Sweet Sinner

Skylar Snow toplines "Infidelity 4," the latest release from Mile High Media studio brand Sweet Sinner.

Serenity Cox Stars in 'Enjoy It' From MILFY

Serenity Cox stars with Alberto Blanco in "Enjoy It," from Vixen Media Group studio imprint MILFY.

Melissa Stratton Stars in Finale of Wicked's 'So Extra'

Melissa Stratton and Robby Apples star in the final scene from Wicked Pictures' "So Extra."

BiPhoria Drops Jim Powers' 'Saying GoodBi'

BiPhoria has released director Jim Powers' "Saying GoodBi."

FSC, Co-Plaintiffs to Ask US Supreme Court to Review Constitutionality of Texas Age Verification Law

Free Speech Coalition (FSC) and its co-plaintiffs in the challenge to Texas’ controversial age verification law have filed a petition before the United States Court of Appeals for the 5th Circuit asking to stay its recent upholding the law because they intend to appeal to the U.S. Supreme Court to review the law’s constitutionality.

Jade Venus, Kasey Kei Star in 'Trans Rave' From GenderX

Jade Venus and Kasey Kei star in "Trans Rave" from GenderX, directed by Jim Powers.

FSC Vows to Fight Florida Age Verification Law

Free Speech Coalition (FSC) issued a statement vowing to continue fighting Florida’s age verification law, which was signed by Gov. Ron DeSantis on Monday as part of a comprehensive bill targeting minors’ use of social media.

Kansas Republican Aims to Create New Bureaucracy to 'Investigate' Porn Websites

Republican state legislators succeeded Monday in moving forward Kansas’ version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, despite serious concerns raised by House Democrats about the cost of establishing a new bureaucracy tasked with investigating websites for pornographic content.

Show More