CINCINNATI — A federal judge today ordered a modification to a permanent injunction against Jimmy Flynt, restricting him even further in his efforts to market Flynt Sexy Gifts in Florence, Ky.
The motion to modify the restraining order arose from Jimmy Flynt’s continued use of the “Flynt” surname to market his Florence store and now-defunct website, FlyntSexyGifts.com.
Jimmy Flynt, according to the original suit which was won by Larry Flynt, allegedly traded off brother Larry Flynt’s name used in web and brick-and-mortar advertising to promote his adult retail operations.
Larry Flynt’s attorneys in their motion for a modification to the permanent injunction said that Jimmy Flynt flouted an earlier order and subsequent appeals court ruling over the Florence store's signage because it doesn’t display his first name in a “sufficiently visible manner” and that it continues to create a likelihood of confusion with the trademark "Larry Flynt.”
Today, U.S. District Judge William Bertelsman sided with Larry Flynt again and ordered a change in a restraining order that restricts Jimmy Flynt from emulating signs and marketing materials that appear as LFP Inc. properties, as well as forcing him to place disclaimers on all advertising.
“[T]he permanent injunction issued by the court will be modified to enjoin Jimmy from using the name ‘Flynt’ in connection with the sale, promotion or advertising of adult entertainment products or services unless it is accompanied by the first name ‘Jimmy’ in the same font size, color and style and on the same background color,” the court order.
“With the exception of store signage, such use must be accompanied by a conspicuous disclaimer stating that the goods or services are not ‘sponsored, endorsed by, or affiliated with Larry Flynt or Hustler, or any business enterprise owned or controlled by Larry Flynt.’”
Two adult entertainment industry figures, including XBIZ Publisher Alec Helmy, recently testified that the Flynt surname used in connection with Jimmy Flynt’s retail operation was likely to cause consumer confusion, according to the judge’s order.
Even Jimmy Flynt said in court transcripts that “Flynt” is “synonymous” with Larry Flynt and Hustler, the judge said.
In a previous case, Bertelsman permanently barred Jimmy Flynt from using the “Hustler” name and rejected his claims that he had permission to open an unlicensed Hustler retail store.
Jimmy Flynt told XBIZ he plans to appeal Bertelsman's ruling released today.
"It's just a ridiculous decision, and we plan to appeal to the 6th U.S. District Court of Appeals," he said.
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