The school, known as FAMU or Florida A&M, said that the video depicts eight individuals engaging in multiple acts of sexual intercourse in what is intended to appear to be a dorm room on its campus.
Further, FAMU said that the "BigRattler77” video depicts the school's orange-and-green color scheme in connection with the “Rattlers” marks and that the video states that it was filmed "at a historically black college in Florida.”
"The “BigRattler77” video also suggests that the individuals depicted therein are FAMU students and contains derogatory and highly offensive racial innuendo and visual depictions of gang signs purportedly associated with FAMU," said the suit filed at U.S. District Court in Tallahassee, Fla.
FAMU has asked the court for an order that would make Reality Kings take down the video from its site and destroy and DVD copies.
In the suit, FAMU said that Reality Kings didn't receive permission to depict and use FAMU marks and color schemes. It also names to the suit the eight performers, listed as John Does, who received $10,000 to perform in “BigRattler77.”
"The 'BigRattler77' video is likely to deceive, confuse and mislead prospective purchasers and viewers of the video into believing that the video was produced, authorized or is in some manner associated with FAMU," the suit said.
"Persons and consumers viewing the “BigRattler77” video on DareDorm.com website are likely to associate and attribute the behavior contained therein to FAMU and its students."
FAMU trustees are asking the court to enter preliminary and permanent injunctions restraining Reality Kings from further distributing the video online and on DVD. FAMU also is asking for attorneys fees.
Reality Kings, in a statement to XBIZ, said it plans to fight the suit.
"We are surprised that FAMU would devote resources to a claim that we thought had been resolved," Reality Kings said in the statement. "The video was immediately removed from DareDorm.com upon our being contacted by a FAMU representative.
"The video did not involve FAMU property or students. Although it is our hope that this matter can be amicably resolved, we will, if necessary, vigorously defend the action, including important 1st Amendment concerns."
