In a response filed this week, Naughty America said the college chain’s suit filed at U.S. District Court in Sioux Falls also lacked jurisdiction. Naughty America asked the court to dismiss the case.
Naughty America officials didn’t respond to XBIZ by post time, but court papers suggest that the San Diego-based company will be asking for attorneys fees and “future relief” if it wins its defense against the 16-campus National American University, which has schools in Kansas, South Dakota, New Mexico, Texas, Missouri and Minnesota.
In the suit filed earlier this year, National American University claimed that Naughty America parent La Touraine pirated its trademark with use of the name Naughty American University, acronym NAU and the mark Fast Times at NAU.
According to the original 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.
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 and for a transfer of the domain names, as well as compensatory damages and attorneys fees.
“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.
