Arrow, in a suit filed in August 2009, alleged trademark and copyright infringement and counterfeiting, among other charges, over the sale of versions of the movies produced in the early 1970s.
Arrow, in the suit, said it held ownership of 16 “Deep Throat” movies, as well as two “Linda Lovelace” movies. The Las Vegas company also claims it owns six “The Devil in Miss Jones” movies.
VCX, which sells classic porn movies from the ‘70s, ‘80s and ‘90s, marketed copies of “Deep Throat” and “The Devil in Miss Jones” on its website.
But on Monday, VCX owner Dave Sutton told XBIZ the suit has been settled but that he couldn't reveal any terms of the agreement.
"I'm just waiting to sign the final papers in the case," Sutton said. "As far as to what I am aware, we were close to settling as early as this past August."
Attorney Clyde DeWitt, who represents Arrow, in previous interviews told XBIZ that the case hinged on the view that “[VCX] apparently believes that [‘Deep Throat’] is in the public domain.” DeWitt, who later added “The Devil in Miss Jones” movies to the suit, said he couldn't comment about the settlement Monday night.
“Deep Throat” was produced by Plymouth Distributing owner Louis "Butchie" Peraino, who later called the company Arrow Film and Video, which is now known as Arrow Productions and headed by Raymond Pistol.
Arrow had sued VCX and Sutton at U.S. District Court in Las Vegas, seeking an order requiring VCX to stop selling the movies and to turn over to Arrow any inventory of the movies and DVD labeling and packaging.
The settlement, which will be signed off before Friday, includes a request that the court enter a proposed consent decree that will constitute a final judgment in the case.
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