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 © 2026 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

Rachel Rampage Makes Her Brazzers Debut

Rachel Rampage has made her Brazzers debut alongside multi-XMAs winner Mick Blue in the studio's latest release, titled "Right Down To Cock Sucking Business."

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

Jennifer White, Jessi Rae Lead Latest From Blacked

Reigning XMAs Female Performer of the Year Jennifer White stars alongside Jessi Rae and Isiah Maxwell in the latest release from Vixen Media Group studio imprint Blacked.

Evil Angel Drops 'My Fantasy With Rocco'

Evil Angel has released the latest title from director Rocco Siffredi, titled "My Fantasy With Rocco."

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

XBIZ LA Conference Website Now Live, Registration Open

The event website for the XBIZ LA conference is now live, offering comprehensive information about the upcoming event, taking place Jan. 7-10 at the JW Marriott L.A. LIVE.

CrakRevenue Launches Mobile App for Real-Time Affiliate Alerts

CrakRevenue has launched Aff Companion, a mobile app that sends affiliates real-time notifications about clicks, conversions, and revenue.

ERIKALUST Releases 'Close Up'

Spookie Shelbie and Delfine Dahlia star in the latest release from ERIKALUST, titled “Close Up.”

Lexi Lore Makes Her Vixen Debut

Lexi Lore has made her debut for Vixen Media Group's flagship imprint alongside Parker Ambrose in the studio's latest release.

Show More