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

Haley Spades Stars in Latest From Immoral

Haley Spades stars with Charlie Dean, Matt Bird, and Dean Van Damme in a new three-part release from Immoral Productions, directed by "Porno Dan" Leal.

Octavia Red Makes Her Vampired Debut

Octavia Red has made her Vampired debut alongside Talia Mint and 2023 XMA Europas Female Performer of the Year Tiffany Tatum in the new feature “Hunters.”

Lily Starfire Fronts Latest From Brazzers

Lily Starfire stars with Kyle Mason in the latest release from Brazzers, titled "Eating Ass Is the Game."

Country Hotwife Makes Her WIFEY Debut

Content creator Country Hotwife has made her debut for Vixen Media Group (VMG) studio imprint WIFEY, alongside her husband StagHubby and former XMAs Male Performer of the Year Isiah Maxwell.

Vixen Media Group Celebrates 10 Years of 'Tushy'

Vixen Media Group (VMG) is celebrating the 10-year anniversary of studio imprint Tushy.

Cherry Kiss Stars in Latest 'Blind Dates' From Bellesa

Cherry Kiss headlines the 16th volume of "Blind Dates," from Bellesa.

Emma Rosie Toplines Pat Myne's 'Gape For Days 5'

Emma Rosie headlines director Pat Myne's "Gape For Days 5," from Evil Angel.

Adult Time Drops 2nd Installment of Bree Mills Thriller 'Escape From Camp Conversion'

Adult Time has debuted the second episode of the Bree Mills-helmed thriller "Escape From Camp Conversion," from studio brand Girlcore.

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

Eris Jolie Makes Her TransAngels Debut

Eris Jolie has made her TransAngels debut alongside Bree Brooks in "A Very Filthy Cookout."

Show More