LAS VEGAS — The long-running copyright and trademark case involving Arrow Productions and VCX over 1970s-era classic adult videos is set for bench trial on March 13.
This week, Judge Philip M. Pro calendared the case on the docket at Las Vegas federal court, with attorneys from both sides scheduled for a pretrial conference a week prior.
The legal battle between Arrow Productions and VCX over “Deep Throat” and “The Devil in Miss Jones” was put back on the front burner earlier this year after Arrow Productions owner Ray Pistol scuttled a settlement between the two companies just days after both parties informed the court an agreement between the two adult companies had been made.
Arrow’s attorney Clyde DeWitt said that in a second meeting over settlement terms with Pistol it became apparent there had been a mutual mistake between client and attorney concerning acceptable settlement terms.
Arrow, in a suit filed in August 2009, alleged trademark and copyright infringement and counterfeiting, among other charges, over the sale of versions of “Deep Throat” and “The Devil in Miss Jones.”
Arrow 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.
A recent legal brief spells out the competitors' allegations about the two cult films produced in the early 1970s.
"Each motion picture had a number of sequels and, as such, [Arrow] alleges that the titles each qualify for trademark protection. Indeed, Deep Throat and Devil in Miss Jones each are [Arrow's] registered trademarks in the U.S. Patent and Trademark Office," the May 31 brief said.
The brief goes on to say that Arrow contends that Linda Lovelace, who appears in the titles of a series of motion pictures, is Arrow's registered trademark, which VCX disputes that it qualifies for protection.
"There is no dispute that both Arrow and VCX distributed both motion pictures with their respective titles," the brief said. "The only issues are the validity and ownership of the two copyrights and the validity of the two trademarks."
VCX owner Dave Sutton earlier this year told XBIZ that he started distributing "Deep Throat" because Arrow had refused his repeated requests that it stop distributing two other classic films VCX said it has the rights to — "Debbie Does Dallas" and "The Devil in Miss Jones."
If Arrow would give up those two titles, Sutton said he'd give up "Deep Throat."
