In the ruling, U.S. District Judge David Carter ordered that the defendants, who have operated an adult nightclub as Larry Flynt’s Hustler Club in San Diego, are restrained from using the trademarks “Larry Flynt,” "Hustler” or “Hustler Clubs” in the operation of their club.
Carter found that the Flynt parties have demonstrated a likelihood of success on the merits, and that they would suffer irreparable harm if Midway were allowed to continue to operate as a “Larry Flynt’s Hustler Club.”
"We are extremely pleased," said Michael H. Klein, president of LFP.
"We applaud the court’s commitment to enforcing our trademark laws and look forward to permanently enjoining this type of conduct. This decision is a win not only for Hustler and Larry Flynt, but for all companies burdened by trademark infringement."
In their lawsuit, the Flynt parties, which include LFP IP, LFP Publishing Group and Larry Flynt, alleged that the defendants are unlawfully operating an adult nightclub in San Diego without their consent.
"It is always upsetting to a client when someone else is using your name or trademark without permission," Flynt attorney Jonathan Brown said.
"This dispute is not over, but we are happy that we could quickly obtain an order from court enjoining the defendants from further deceptive use of the famous Larry Flynt and Hustler trademarks."
Prior to filing suit, Flynt’s lawyers sent cease-and-desist letters demanding the immediate halt to the operation of the club as a Larry Flynt’s Hustler Club.
Flynt’s lawyers filed suit on Oct. 13, alleging, among other things, trademark infringement against Midway and the other named defendants.
Midway and the other defendants have denied the allegations being made by Flynt and his companies.
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