Fyre TV Loses Appeal for Injunction Against Amazon

Fyre TV Loses Appeal for Injunction Against Amazon

MIAMI — A federal appeals court last week denied an attempt made by the parent company of adult video-streaming system Fyre TV for an injunction against Amazon.com for calling its own streaming system Fire TV.

On Friday, the 11th U.S. Circuit Court of Appeals affirmed a lower court's ruling that Wreal LLC, operator of Fyre TV, was tardy in filing its motion for a preliminary injunction against the online retailing giant.

Wreal registered the marks “FyreTV” and “FyreTV.com” with the U.S. Patent and Trademark Office in 2008, and has used those marks streaming adult content since 2007.

In 2014, Amazon launched its set-top box for mainstream fare, dubbed the “Amazon Fire TV,” despite that it was aware that Wreal had registered a FyreTV mark prior to its launch.

Two weeks after the launch, Wreal filed a “reverse-confusion” trademark suit against Amazon, seeking treble damages and injunctive relief. Wreal also sought relief under Florida’s Deceptive and Unfair Trade Practices Act and Florida common law.

But “despite the alacrity with which Wreal filed its complaint, for months, Wreal conducted no discovery and made just routine, case-management filings in the district court,” the 11th Circuit said.

“Then, on Sept. 22, 2014 — over five months after filing its complaint — Wreal moved for a preliminary injunction.”

The appeals court said that the five-month period was way too long and denied Wreal’s request, characterizing Wreal’s pursual of a motion for preliminary injunction as one “with the urgency of someone out on a meandering evening stroll rather than someone in a race against time.”

“Both in the district court and on appeal, Wreal has failed to offer any explanation for its five-month delay,” the 11th Circuit decided. “Nor can we discern from the record any justification for the delay that would suggest that the district court made an error in judgment by pointing to the delay to find a lack of imminent irreparable harm.”

“In fact, as the district court observed, the preliminary-injunction motion relied exclusively on evidence that was available to Wreal at the time it filed its complaint in April 2014,” the court said.

“Simply put, the district court did not abuse its discretion when it concluded that Wreal failed to demonstrate an imminent injury that would warrant the ‘extraordinary and drastic remedy’ of a preliminary injunction.”

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

Pineapple Support Taps Char Borley as Brand Ambassador

Pineapple Support has named Char Borley as its newest brand ambassador.

Michigan Legislators Propose Online Porn Ban

Michigan lawmakers have introduced a bill that would make it illegal to distribute pornography via the internet in the state.

Florida AG Sues Aylo, Segpay Over State AV Law

Florida Attorney General James Uthmeier filed lawsuits against Aylo and Segpay on Monday with the 12th Judicial Circuit Court of Florida for noncompliance with HB3, the state's age verification law.

Colombian Court Sides with Performer Esperanza Goméz Over IG Suspensions

Colombia’s Constitutional Court last week ruled in favor of adult performer Esperanza Gómez in her legal battle against Meta over repeated suspensions of her Instagram account.

Missouri AG Announces Age Verification Rule to Take Effect Nov. 30

Newly appointed Missouri Attorney General Catherine Hanaway announced Friday that the state's recently approved age verification regulation for adult websites will go into effect on Nov. 30.

Aylo, Woodhull Freedom Foundation to Tackle Online Censorship in Virtual Seminar

Aylo and Woodhull Freedom Foundation will co-host a virtual panel addressing online censorship on Sept. 30.

Severe Sex Films Relaunches Site Through YourPaysitePartner

Severe Sex Films has relaunched its official website through YourPaysitePartner (YPP).

Judge Awards Plaintiffs Over $400K in Attorneys Fees in Derek Hay Civil Case

California Superior Court Judge Gail Killefer has awarded former clients of LA Direct Models over $400,000 in attorneys fees and court costs, to be paid by agency founder Derek Hay.

ChickPass Rebrands as 'ChickPass Cinematic Universe'

ChickPass has announced that it has rebranded its network of sites as ChickPass Cinematic Universe.

New Adult Social Media Platform 'Havven' Opens Beta Phase

Havven, a new adult social media platform, has opened its beta phase and will officially launch Oct. 5.

Show More