Bluebird Must Pay Private $230K; Distro Deal Reinstated

LOS ANGELES — A Los Angeles Superior Court judge has ruled that Bluebird America Inc. must pay Private Media Group $230,000 and hand over past, present and future worldwide distribution rights of Bluebird content.

The breach-of-contract case decided last month has its roots in a five-year exclusive distribution deal inked in September 2009, where Private was appointed by Bluebird as the global exclusive distributor of its existing library and all future releases on nearly all platforms, including DVD, IPTV, web and mobile.

The distribution deal at the time was regarded as a blockbuster move between the companies — Private, one of the top distributors in the biz, and Bluebird, with its high-quality elegant content.

Bluebird, at the time of the Private deal, said it had in excess of 175 unreleased titles and that it had a production schedule that would average 10 new adult films per month.

But a year into the contract, Private made claims that Bluebird owner Paul Baxendale was double dipping.

The Barcelona-based company alleged in a complaint that Baxendale had attempted to exploit Bluebird content further by selling distribution rights to third-party companies. Private further contended that Baxendale attempted to set up shell licensee companies to peddle the Bluebird films.

Last month, Los Angeles Superior Court Judge Mark Mooney entered a judgment against Bluebird, reinstating Private’s exclusive distribution agreement retroactively.

As a result of the judgment, Private is planning to send notices to distributors of Bluebird content, alerting them about the judgment and what to do next.

In a draft letter obtained by XBIZ, Private plans on communicating to Bluebird distributors and payment processors that distribution of Bluebird content can continue but that all payments to Bluebird or its affiliates must cease immediately.

Private said in the letter that it is not looking for retroactive compensation, saying it would be unfair and unreasonable.

But it emphasized that  all fees for licenses or goods relating to Bluebird-branded content or its back catalog should be directed to Private to satisfy the judgment.

The letter asks recipients to contact Private counsel in Barcelona within 10 business days.

Launched by Baxendale in 2006, Bluebird entered the adult arena to become the U.K.'s largest adult company with two sprawling studios in North America and Europe, including five soundstages where the company made use of state-of-the-art HD equipment.

Baxendale, who also goes by the name Paul Chaplin, even launched Bluebirds Magazine, distributed in the U.K.

In May, however, Baxendale changed his course away from the business of adult production, saying that he would focus on his newly acquired lad publication, Loaded. He said he was retiring to "do other things, including, of course, steering Loaded magazine into a new generation of life."

Baxendale did not immediately reply to XBIZ queries on the judgment over Bluebird content. Private officials declined comment on the case.

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

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

BasisDx Adds Subscription Option for 'Pro13' Home Testing Kit

PASS-certified home testing kit provider BasisDx has added a subscription model option for its Pro13 kit.

Violet Myers, Jasmine Sherni Star in Latest From Brazzers

Violet Myers and Jasmine Sherni star with Dyawne Foxxx in the latest release from Brazzers, titled "Trapped and Tapped."

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

UK Performer Rebecca Jane Smyth Passes Away at 51

Veteran British performer Rebecca Jane Smyth has passed away, according to her longtime friend, Tanya Virago. She was 51.

Brazzers Debuts Limited Series 'Gamer Stepmom'

Brazzers has released the first installment of its new limited series, “Gamer Stepmom.”

Melanie Rose to Host 2025 XBIZ Honors

Melanie Rose, host of the popular Netflix show “How to Build a Sex Room,” will MC the retail edition of the 2025 XBIZ Honors, set to take place Jan. 18 at the iconic Roosevelt Hotel in Hollywood.

Vixen Drops Final Installment of Crossover Feature 'Long Con'

Vixen Media Group has released the fourth and final installment of "Long Con," the crossover feature from its studio imprints Vixen, Blacked, and Tushy.

Alyssa Bounty, Angelika Grays & Annalisa Atomic Blonde Star in Latest From MixedX

Alyssa Bounty, Angelika Grays, and Annalisa Atomic Blonde star in the latest release from MixedX, titled “Crimson Hollies.”

Jayne Calloway, Zariah Aura Star in Latest From TransAngels

Jayne Calloway and Zariah Aura star in the first installment of “Clueless and Horny as Fuck,” the upcoming two-part series from TransAngels.

Show More