LFP President Michael Klein told XBIZ on Wednesday that Matz’s order made it clear that Jimmy Flynt II and Dustin Flynt can’t ride on Larry Flynt’s coattails.
“The judge followed through and said that Larry Flynt and his companies are a well-known brand and that he is an icon in the industry,” he said. “Matz, in his ruling, basically said that the nephews can’t play off this company.”
Matz’s order comes after more than a year of litigation over the use of the “Flynt” name, two months after a court sided with Larry Flynt in the case and just weeks after Flynt Media Corp. revealed to the court it had 72 “Flynt”-named websites in their portfolio.
“Effective as of the date of this order, defendants … are hereby permanently restrained and enjoined from making any sale, offering for sale, distributing, promoting or advertising any adult motion picture, video or DVD, as well as other adult-themed goods and services, which contains the term ‘Flynt’ in any typographical format and phrase, including but not limited to Flynt Media Corp. and FlyntCorp Distribution,” Matz said.
“[Defendants also are restrained from] promoting such goods and services on websites … passing off such goods and services as those of Larry Flynt, the other plaintiffs or their affiliated companies.”
Matz, in his order, said that Flynt Media Corp. operators Jimmy Flynt II and Dustin Flynt “used Larry Flynt's name, persona or likeness in a manner that is likely to cause confusion or to deceive consumers as to whether Larry Flynt has an affiliation, connection, or association with defendants' goods, services or commercial activity, in violation of the Lanham Act.”
Matz said that if the nephews do distribute adult-themed goods and Services, they would be limited in using the “Flynt” name in conjunction with their full and actual names.
He also ordered that if the nephews sell the adult products, they would have to include a disclaimer, stating, “This [video/website (or other relevant term)] is not sponsored, endorsed by or affiliated with Larry Flynt or Hustler, or any business enterprise owned or controlled by Larry Flynt.”
Matz said that the provision with the disclaimer would expire on Dec. 31, 2012, unless Larry Flynt attorneys move to have it extended and establish good cause for doing so.
