That’s the question a jury will be asked to decide at U.S. District Court in Sioux Falls.
The 16-campus National American University — with schools in Kansas, South Dakota, New Mexico, Texas, Missouri and Minnesota — says that Naughty America parent La Touraine has pirated its trademark with use of the name Naughty American University, acronym NAU and the mark Fast Times at NAU.
According to a court filing, Naughty America began operating college and academic themes at FastTimesatNAU.com but dropped an attempt to trademark the name following complaints by the academic organization.
At FastTimesatNAU.com, the company’s marketing schtick targets collegiate admirers, using such blue-chip performers as Faye Reagan, Gianna Lynn and London Keyes.
“Naughty America University is where all your amateur sex college fantasies come true,” its site says. “Catch your favorite fantasy of sorority girls, dorm girls, teachers, or just your average college chick.”
Dlorah Inc., the Rapid City, N.D.-based parent of the 68-year-old university chain, said in its lawsuit that the porn site and its institution are "nearly identical" and likely to confuse students, potential students, alumni and parents.
Further, the suit said that Naughty America is cybersquatting with the domain NaughtyAmerica.com and FastTimesatNAU.com.
It has asked for an injunction on the use of those names, as well as for a transfer of the domain names.
“Defendant’s use of its marks in connection with pornography and adult entertainment services is disparaging and damaging, and lessen the distinctiveness of the National American University and NAU trademarks through, at very least, blurring and tarnishing the trademarks,” the suit said.
The suit also asks for compensatory damages and attorneys fees.
Naughty America’s Max Constupro told XBIZ that the San Diego-based company has not been served with the suit.
XBIZ calls to university officials and its attorney, Jeff Hurd, went unreturned by post time.
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