U.S. Judge Puts Limits on Flynt Media Corp.

LOS ANGELES — The federal judge who heard oral arguments last week over a proposed injunction relative to the Flynt name has sided with Larry Flynt and LFP Inc.

U.S. District Judge A. Howard Matz has issued a preliminary injunction against Flynt Media Corp. and its owners, Jimmy Flynt II and Dustin Flynt, over use of the Flynt name on adult-themed goods.

Larry Flynt, upon hearing the judge’s decision, told XBIZ he was confident he would eventually prevail in the trademark case.

“We won the first two rounds,” he said. “ So everything is going our way.”

Matz ordered that the company be restrained from marketing and distributing any products “which contain the word ‘Flynt’ in any typographical format and phrase, including ‘Flynt Media Corp.’ and ‘FlyntCorp Distribution.’”

The judge also said the company can’t promote “Flynt” adult products or services on websites, including FlyntDistribution.com and FlyntCorp.com, unless there is a disclaimer saying that the products aren’t affiliated with Larry Flynt or his various divisions.

But Matz said his ruling doesn’t prohibit Flynt Media Corp. from marketing or distributing adult-themed goods “that specifically contain their full and actual names (i.e. ‘Jimmy and Dustin Flynt’) so long as it also contains, in conspicuous bold and all capitalized letters, a disclaimer that states that Larry Flynt is not affiliated with the product or services and does not endorse them.”

“The preliminary injunction is effective immediately,” the judge ruled.

Matz said in the ruling that Larry Flynt and LFP have demonstrated a probability of success on the merits of their claims against Flynt Media Corp. for violation of portions of the Lanham Act, which governs trademark law.

“Plaintiffs would likely suffer irreparable injury without this court’s intervention, and the public interest in preventing consumer deception as to the source of the respective products of plaintiffs and defendants would be served by the issuance of preliminary injunctive relief to plaintiffs,” Matz said.

Matz set a jury trial date of July 28. Both sides indicated that they would try to settle before then, though the judge said a meeting between the Flynts was not well-advised.

“When you have an uncle and two nephews at war with each other, sometimes it's better to keep them apart,” said Matz, who also ordered that Larry Flynt and LFP post an increased surety bond of $75,000, up from $35,000.

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

Aylo Willing to Work With Australia's Online Censor on Device-Based AV Solutions

The office of Australia’s top online censor, unelected eSafety Commissioner Julie Inman Grant, released a new roadmap for implementing age verification according to the country’s Online Safety Act.

Spain's Technology Minister Unveils Soon-to-be-Mandatory Age Verification App

Spain’s anti-sex work and anti-porn Socialist Party (PSOE) government led by Prime Minister Pedro Sánchez unveiled a new age verification app that will become a mandatory step to access any adult content by anyone in the country starting in September.

Nikki Slick, Scarlett Mae Topline Latest 'Women Seeking Women'

Nikki Slick and Scarlett Mae headline the 197th volume of "Women Seeking Women," from Girlfriends Films.

Tanya Tate Performs 1st Anal for MILFY

Tanya Tate performs her first anal alongside Dan Damage in the latest release from Vixen Media Group (VMG) studio imprint MILFY.

Kenzie Taylor Stars in Seth Gamble's 'Gravity Wolf'

Kenzie Taylor stars in the latest release from reigning XBIZ Performer of the Year Seth Gamble's LucidFlix, titled "Gravity Wolf."

FSC Drops Opposition to California Age Verification Bill After Amendments

Free Speech Coalition (FSC) has dropped its formal opposition to California’s age verification bill AB 3080, after an amendment secured through months of discussions with the bill’s author was heard by the Senate Judiciary Committee.

Jennifer White Stars in 'Hot Dog Eating Contest' From Elegant Angel

Jennifer White stars with reigning XBIZ Male Performer of the Year Zac Wild in the Fourth of July-themed "Hot Dog Eating Contest," from Elegant Angel.

SCOTUS Agrees to Hear Texas Age Verification Challenge

The United States Supreme Court granted on Tuesday the petition for a writ of certiorari in the Free Speech Coalition-led challenge to Texas’ age verification law, agreeing to hear the case in the next term.

Penthouse Names Autumn Ren Its July 'Pet of the Month'

Penthouse Magazine has named model Autumn Ren as Pet of the Month for July.

Etsy Updates Policy to Ban Sale of Most Adult Pleasure Products, Content

Etsy will ban sales of most pleasure products and content that depicts sex acts and genitalia starting July 29.

Show More