Smash Pictures Files Counterclaim in 'Fifty Shades' Legal Battle

LOS ANGELES — As much as 89 percent of the content used in "Fifty Shades of Grey" grew out of a multipart series called "Masters of the Universe" that ended up in the public domain, according to a countersuit waged by Smash Pictures.

Smash, one of the adult entertainment industry's most successful brands, was sued last year for trademark and copyright infringement by Universal City Studios and Fifty Shades Ltd. over the sale and distribution of the Smash parody “This Isn’t Fifty Shades of Grey XXX." The plaintiffs later moved for a preliminary injunction, which a judge has not ruled on yet.

But today, Smash poked back against Universal and Fifty Shades, claiming that the "Masters of the Universe" series based on Stephenie Myer's "Twilight" novels was the impetus for "Fifty Shades of Grey," which Universal paid $5 million to turn into a film adaptation.

Smash responded with an answer, counterclaim and motion for a continuance, asking the court for a declaration that the federal copyright registrations for the trio of "Fifty Shades of Grey books are invalid and unenforceable and that the defendants have not violated copyright or trademark laws because the content is in the public domain.

Smash contends the material was published online between 2009 and 2011 in various venues, including FanFiction.net and the personal website of Erik Leonard.

But plaintiffs counsel, in a brief Friday, told the court that Smash's contention that 89 percent of the allegedly copyrighted  material” is “derived from” previously-published "Twilight" is "a highly misleading attempt to  manufacture an issue were none exists."

They also said that the counterclaim is a"transparently a last-minute bid to put off

indefinitely a court ruling" on a preliminary injunction that would stop the sale and distribution of  “This Isn’t Fifty Shades of Grey XXX."

"Defendants make it sound like the 'fan fiction' they mysteriously refer to was written by someone else," Universal and Fifty Shades counsel said. "What they fail to tell the court is that this fan fiction is actually a novel written by and owned by  Erika Mitchell – the same person who is the author of the 'Fifty Shades of Grey' novels and who is the principal of plaintiff Fifty Shades Ltd."

Today, U.S. District Court Judge Philip Gutierrez, who also is the judge involved in the Manwin vs. ICM Registry litigation, turned down Smash's motion for a continuance, a move that could signal a ruling on Universal's preliminary injunction motion.

View Smash Pictures counterclaim

Related:  

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

Europe-Wide Production Hold Advised After Positive Syphilis Test

Talent Testing Service Europe has issued a statement calling for a Europe-wide production hold following a positive syphilis test in Spain.

Sofi Miel Makes Her Immoral Debut

Sofi Miel has made her debut for Immoral Productions, alongside Matt Bird and studio honcho “Porno Dan” Leal.

Christy White, Emmanuel Torquemada Lead 'Odyssey'-Themed Trilogy From SugarBabes.tv

Christy White and Emmanuel Torquemada star in a new SugarBabes.tv trilogy inspired by “The Odyssey.”

Angela White Returns to Vixen

Multi-XMAs winner Angela White stars with Dan Damage in the debut installment of a new showcase series from Vixen, titled “The Angel Anthology.”

Taylor Vixxen Fronts Latest From New Sensations

Taylor Vixxen stars with Richard Glaze in the latest release from New Sensations.

TeamSkeet to Premiere New Series 'Under The Table'

TeamSkeet will debut its new limited series, "Under the Table" next month.

Brazzers Debuts New Series 'Bro Code'

Brazzers has released the first installment of its new limited series, "Bro Code."

Emma Rosie Leads Latest Volume of 'Oil Explosion' From Elegant Angel

Emma Rosie stars in the 10th volume of Elegant Angel’s “Oil Explosion.”

Arcom Targets 31 Adult Sites Over Age Verification

French media regulator Arcom on Wednesday announced that it is taking action against 31 adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

Daniella Renae Headlines 2nd Volume of 'Big Tit MILFs' From Reality Junkies

Daniella Renae toplines the second volume of "Big Tit MILFs" from Mile High Media studio imprint Reality Junkies.

Show More