Court Order Further Restricts Jimmy Flynt’s Use of ‘Flynt’

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.

View today's order

Related:  

Copyright © 2024 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

Seoul Authorities Force Cancellation of Adult Expo for 'Distorting Perceptions of Sex'

Seoul authorities repeatedly prevented 2024 KXF The Fashion — a popular Korean adult industry expo featuring Japanese AV performers — scheduled for this week from finding a suitable venue, leading organizers to cancel the event.

FSC to Hold Discussion on Adult Industry Rights With Congressional Candidate Joe Cohn

Free Speech Coalition will hold a virtual discussion with Joe Cohn, a strong advocate for the adult industry’s rights who is running for Congress in November.

Wicked Sensual Care Launches 'Menopause Hub'

Wicked Sensual Care (WSC) has launched its new Menopause Hub, dedicated to sex and intimacy during perimenopause, menopause and after.

Eldorado Partners With Pipedream for Next Facebook Live Event

Eldorado and Pipedream are partnering for the next edition of the "Eldorado Presents" Facebook Live series on Tuesday, April 23 at 10 a.m. (PDT).

Sophie Dee, Ricky Johnson to Deliver 'XBIZ Talks' at Miami Conference

XBIZ is pleased to announce that Sophie Dee and Ricky Johnson will each deliver an “XBIZ Talk” at next month’s XBIZ Miami conference

Adam & Eve Reveals Results of Sex Toy Survey

Adam & Eve has released the results of a new survey asking the question, “How many Americans own a sex toy?”

FSC to Host Webinar on Derisking and the Adult Industry

The Free Speech Coalition (FSC) is hosting a webinar on derisking, titled "Derisking: Examining Its Impact on the Adult Industry's Access to Banking," on April 24 at 11 a.m. (PDT).

'Aneros Is...' Global Marketing Campaign Launches

Aneros is rolling out the three-month-long global marketing campaign “Aneros Is..." to highlight the brand's history and role in the sexual wellness industry.

Democratic Governor Fails to Veto Kansas Age Verification Bill

Kansas’ Democratic governor, Laura Kelly, expressed strong reservations about the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, but ultimately decided not to veto it, allowing the legislation to become law by default without her signature.

FSC's Alison Boden Testifies Against California Age Verification Bill, Urges Action to Defeat It

Free Speech Coalition Executive Director Alison Boden testified Tuesday against AB 3080, California’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Show More