The trial is expected to last one week.
Filed almost three years ago, the case zeroes-in on allegations that ICG displayed an image from the Hilton sex tape on the front public landing page of an ICG-owned website, in addition to 5-6 other digital images and video clips on other pages, all in violation of XPays copyright.
The case also focuses on whether ICG engaged in unfair business practices.
XPays attorney Paul Berra told XBIZ that his client will be seeking damages up to $150,000 per infringement.
"We believe the evidence will show that ICG used images from the video to convince web surfers that they could access the video upon becoming a paid member, but the only thing they received were links to another website that was offering to sell the DVD," he said. "Not only did XPays lose sales, but this caused damaging confusion in the marketplace."
According to Berra, ICG is contending that exploitation of the images and clips constitutes "fair use," and that it obtained permission from Red Light District or Rick Salomon — Paris’ sex mate in "One Night in Paris" — to use the clips and images to promote sales of the DVD.
XBIZ was unable to reach ICG counsel for comment at post time.
