Private to Restate Damages in XonDemand Case

LOS ANGELES — Private Media Group must go back and restate damages it incurred after XonDemand.com was found liable for infringing on 30 of its movies.

While U.S. Judge John Kronstadt recently gave the green light for Private's attorneys fees, he said he didn't believe that Private submitted "admissible evidence" to the court to determine statutory damages and has asked for more data.

Private, which is seeking an award of up to $4.5 million against XonDemand, will continue with their request for damages in the case in Kronstadt's courtroom on Feb. 13.

Private counsel plans to reveal three licensing agreements, including an explanation of their terms, to the court in their request for the multimillion-dollar award.

“The judge recently signed an order granting Private’s request to file documents under seal," Private spokesman Jason Tucker told XBIZ. "With this order in place, Private is now comfortable submitting agreements and financials. 

"Without that order, anyone would have been able to review them. We won the case; this is about getting to an amount. I think that the judge is just being thorough.”

The case against XonDemand began in August 2010 when Barcelona-based Private  said it discovered  that XonDemand was "committing over 30 separate instances of copyright infringement and over 1,000 separate and distinct instances of trademark infringement" by continuing to rent Private videos by the minute or flat rate after a 50 percent revenue-sharing deal between the two companies was terminated.

XonDemand contended it never received a termination letter, all the while paying commissions to Private, and that it removed content "immediately after someone at XonDemand learned of this lawsuit."

Later, industry attorney Clyde DeWitt told the court that he had difficulties with his client, XonDemand, because the company has only paid a fraction of its attorneys fees and that he'd been having difficulty communicating with the company.

At one point, a settlement deal was in the works to transfer XonDemand.com to Private.

But XonDemand has been without representation in recent courtroom proceedings against the company, including the last hearing in Kronstadt's courtroom.

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

Roxie Rae Relaunches Site Through XSiteAbility

Roxie Rae has relaunched her site through XSiteAbility.

Nicole Nixon Stars in Latest From Immoral

Nicole Nixon stars with Matt Bird, Dean Van Damme, and "Porno Dan" Leal in a new three-part release from Immoral Productions.

Kiki Cali Toplines 'Pleasure Vixens 4' From BAM Visions

Kiki Cali headlines the fourth volume of "Pleasure Vixens," co-directed by multi-XMAs winner Mick Blue and Maestro Claudio, aka BAM Visions, from Evil Angel.

Brianna Coppage Makes Her WIFEY Debut

Creator Brianna Coppage stars with her husband Phillip and Jax Slayher in the latest release from Vixen Media Group studio imprint WIFEY.

Isa Bella, Selena Ivy Topline 'Lesbian Sex 28'

Isa Bella and Selena Ivy headline the latest release from Girlfriends Films, titled “Lesbian Sex 28.”

Catherine Knight Stars in Latest From Brazzers

Catherine Knight stars in the latest release from Brazzers, titled "GRWM (To Fuck)."

Federal Appeals Court Vacates FTC 'Click to Cancel' Rule Pending Review

The U.S. Court of Appeals for the 8th Circuit on Tuesday vacated the Federal Trade Commission’s “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions, pending further review.

Elegant Angel Premieres Nicole Kitt Showcase 'Cats Eye'

Nicole Kitt gets the spotlight in a new four-part showcase release from Elegant Angel.

Private Releases 'The Love Hotel 2'

Private has released “The Love Hotel 2,” directed by Dave Menich.

Show More