Playboy Goes After AOL

SAN FRANCISCO, Calif. – A three-year lawsuit between Playboy Enterprises and Excite.com drew to an end this week in a U.S. appeals court, and the 50-year-old bunny came out the winner.

Playboy sued Excite.com in 1999, along with Netscape, alleging that the two companies had infringed on the 'Playboy' and 'Playmate' trademarks in Internet searches and banner ads that did not link to official Playboy content.

Since the lawsuit filing, Redwood City, Calif.-based Excite@Home, parent company of Excite.com, declared bankruptcy in September of 2001, and Netscape has since been bought by AOL/Time Warner.

In December 2001, Excite@Home, a high-speed Internet access provider, laid off about 400 workers as it prepared to shutter its doors. At one point during the end of its run, Excite was being courted by AT&T in a $307 million bid for its cable assets, but the telecom withdrew and Excite went under.

In its lawsuit, Playboy named around 400 words used in misleading banner ads that insinuated a relationship to Playboy Enterprises, Reuters reported.

Playboy argued in its lawsuit that Excite.com was using its trademark in a deliberately confusing manner and that traditional trademark law should be transferable to the electronic medium.

Playboy's central argument was that the misleading banner ads "tarnished and diluted" the Playboy brand name.

Playboy lost the first round in the suit in 2001, but the appeals court this week decided that the Playboy trademark should be protected regardless of how it is transferred throughout the Internet.

Playboy's attorney in the case said that his client fully intends to pursue Excite.com for damages regardless of its bankruptcy status, according to Reuters.

The appeals court also reinstated Playboy's right to proceed in a trademark infringement suit against Netscape Communications Inc., now under the vast wingspan of AOL/Time Warner. Playboy is most likely to go after damages somewhere in the seven figures, sources say.

"The decision makes clear that the rules apply in the actual world with equal force to the virtual world," Playboy's attorney was quoted as saying. "In the Internet as in the actual world, trademarks are not to be used in a way that is confusing or that dilutes the value of the mark."

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Angelface Baddies Debuts 'Daddies for Baddies' Line

Wellness brand Angelface Baddies has introduced its new Daddies for Baddies line of men's wellness products.

Orion Debuts 'RC Vibrating Butt Plug' From 'Anos' Line

Orion Wholesale has introduced the RC Vibrating Butt Plug with Flexible Arms from its Anos line.

Playharda Wholesale, Pure Envy Ink European Distribution Deal

Playharda Wholesale has signed a deal with pleasure brand Pure Envy for distribution in the U.K. and Europe.

XR Brands Launches 'Creature Cocks' Line

XR Brands has introduced its new Creature Cocks collection of men's underwear.

Tenga Launches 2025 Christmas Advent Calendar

Pleasure brand Tenga has launched a 2025 Christmas Advent calendar, now available for pre-order.

The Dungeon Store Debuts 'Thing Noir' Violet Wand Attachment

The Dungeon Store has released the Thing Noir violet wand conductive e-stim accessory.

Pjur, Magasin du Nord Partner for 'Flex Area' Campaign

Pjur and retail brand Magasin du Nord have partnered for the wellness brand’s Flex Area campaign.

Kheper Releases New 'Think Like a Slut' Party Game

Kheper Games has released the new "Think Like a Slut" party game.

Honey Play Box, Creative Conceptions Ink European Distro Deal

Honey Play Box has signed a deal with Creative Conceptions for distribution in the U.K. and Europe.

Motorbunny Debuts 'Fluffer Rock Hard Power' Cock Ring Vibe

Motorbunny has introduced its Fluffer Rock Hard Power vibrating cock ring.

Show More