Jimmy Flynt Can't Use 'Hustler' Trademark, Appeals Court Rules

CINCINNATI — The 6th U.S. Circuit Court of Appeals ruled last week that Larry Flynt’s brother does not have the right to brand his adult-themed store in Cincinnati with the Hustler trademark and snuffed out his wrongful termination claim.

The decision likely brings an end to the siblings’ legal battle over the origins of the Hustler empire.

In a unanimous decision, the appeals court denied Jimmy Flynt’s bid to overturn an injunction prohibiting him from using the Hustler mark. The 6th Circuit ruled Jimmy and Larry Flynt were not business partners

Larry Flynt and  his  corporate  entities brought the lawsuit against his brother and Hustler Cincinnati Inc. , alleging that Jimmy violated the  Lanham Act, 15 U.S.C. § 1051  by  using the  “Hustler”  trademark in connection with his retail  store in Cincinnati. Jimmy counterclaimed, asserting that  the  brothers were partners in  the  Hustler enterprise.

The district court concluded that Jimmy failed to establish the existence of an express or implied partnership between the brothers  and that Jimmy  infringed Larry’s trademark.

It granted summary  judgment  in  Larry’s  favor  on  all  of  Jimmy’s  counterclaims. The district  court  permanently enjoined  Jimmy  from  using  the  Hustler  trademark  and  any  other  trademark owned  by  Larry’s corporate entities.

Jimmy, when reached by XBIZ this morning, said that the case was complicated but the 6th Circuit's decision was a short one.

"The fact of the matter is that they didn't want to deal with the characters involved," Jimmy told XBIZ.

Jimmy said that his attorneys will file an appeal on the case to the U.S. Supreme Court.

View ruling

Related:  

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

Missouri Lawmaker Attempts to Revive 'Health Warnings' for Adult Sites

A Missouri state representative has introduced a bill that would require adult sites to post notices warning users of alleged physical, mental, and social harms associated with pornography, despite a previous federal court ruling against such requirements.

Sportsheets Releases New Training Video for 'Indica' Collection

Sportsheets has released its latest training video, titled "The Indica Collection by Sex & Mischief," hosted by Brand Ambassador Rin Musick.

Serena Love Makes Her TransAngels Debut in New Holiday-Themed Release

Serena Love has made her TransAngels debut opposite multi-XMAs winner Eva Maxim in the new holiday-themed scene, “While You Were Snoozing.”

Orion Debuts 3 New Styles From Cottelli Lingerie

Orion Wholesale has introduced three new styles from its Cottelli Lingerie line.

Casey Murphy Launches 'Pleasure Brand Lab' Digital Marketing Suite

Sexual wellness marketing strategist Casey Murphy has launched Pleasure Brand Lab, a digital marketing suite for small and indie brands.

Tiffani Madison Makes Her Hookup Hotshot Debut

Tiffani Madison has made her Hookup Hotshot (HUHS) debut alongside Nade Nasty.

CAM4, Lovense Introduce New 'Interactive Control' Features

CAM4 has debuted a new suite of interactive Lovense control features for models.

Blush Debuts 3 New Vibes From 'Sexy Things' Collection

Blush has introduced three new vibrators from its Sexy Things collection.

Holiday Products, Sugar Splash Sign Distro Deal

Holiday Products has signed a distribution deal with wellness brand Sugar Splash.

Ruling: Italy's 'Porn Tax' Applies to All Content Creators

Italy’s tax revenue agency has ruled that the nation’s 25% “ethical tax” on income generated from adult content applies even to smaller independent online content creators.

Show More