Reality Kings Asks Judge to Dismiss Flower Tucci's Suit

LOS ANGELES — An attorney for Reality Kings has asked a federal judge to dismiss performer Flower Tucci’s infringement and cybersquatting lawsuit.

Attorney Allan Gelbard filed the motion last week, stating that Tucci performed in more than 25 productions that Reality Kings legally licensed from LLL Productions, and that she signed an exclusive and perpetual agreement that allowed LLL to use her name and likeness.

Further, the motion said, the LLL Productions deal included a provision where it would be the “sole and exclusive owner” of FlowerTucci.com. It also said that LLL purchased the site “at substantial cost” in 2007.

“[Tucci] conveniently fails to acknowledge that said licenses are assignable, in whole or in part [to other webmasters under license agreements], ” the motion said.

Filed four months ago, Tucci’s suit targets a laundry list of companies and individuals, alleging that the defendants registered and operated a number of websites that use derivations of her stage name — FlowerTucci.com, FlowerTucciPix.com, FlowerTucciNude.com and Club-FlowerTucci.com, among others — and are exploiting them without her permission. In many instances, the suit said, the sites lead back to FlowerTucci.com.

Gelbard, who is on vacation, wasn’t able to respond to questions from XBIZ relative to the case, but the motion noted that Tucci breached her contract in 2007 by performing, without permission, for competing production companies. Tucci, at the time, was terminated for cause, the motion said.

Reality Kings and LLL also contend that Tucci signed a binding arbitration agreement and that her attorneys — one former, one current — failed to commence dispute-resolution proceedings and instead filed a court action at U.S. District Court in Los Angeles.

“[Tucci] entered into numerous written agreements, all containing forum selection, venue and binding arbitration provisions,” the motion said. “Perhaps for her own convenience, or for the convenience of her current counsel, she has chosen to ignore the clear and unambiguous language of the numerous documents she signed and now attempts to drag [Reality Kings] and LLL into a federal lawsuit in California.”

Tucci, whose real name is Carole Molloy, registered her stage name with the U.S. Patent and Trademark Office in 2007 after working about five years in the adult industry.

However, Reality Kings and LLL claim in the motion that “her filing with the [Patent Office] was, itself, fraudulent, and that any rights she may have had in the Flower Tucci common law mark have been abandoned through countless instances of naked licensing.”

Gelbard has asked the court to dismiss her complaint or, at the very least, transfer the matter to federal court in Florida.

Tucci’s current attorney, Michael Fattorosi, told XBIZ he could not comment on pending litigation.

A judge will hear oral arguments in the case on Sept. 28.

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

CAM4 Debuts Weekly 'Skyy Knox's CAM Crawl' Livestream

CAM4 is launching "Skyy Knox’s CAM Crawl," a new livestream running every Sunday at 3 p.m. PDT.

Texas Judge Pauses AG Ken Paxton's Aylo Lawsuit Until SCOTUS Decision

A Texas district judge granted a request Wednesday to pause proceedings in the lawsuit filed by Attorney General Ken Paxton against Aylo over its implementation of Texas’ controversial age verification requirements for Pornhub, pending the outcome of the Free Speech Coalition-led lawsuit against Paxton, which will be heard by the Supreme Court during the next term.

Author of UN Report Recommending Worldwide Criminalization of Sex Work, Porn to Speak at NCOSE Summit

Jordanian activist Reem Alsalem, a special rapporteur on violence against women and girls at the United Nations Human Rights Council who recently issued a controversial report recommending that governments abolish all forms of sex work, including porn, will speak at anti-porn lobby NCOSE’s 2024 summit in August.

Spicey AI Voice Chat Platform Launches

Spicey AI, a platform that uses artificial intelligence to create interactive voice messages from chatbots based on adult performers, has launched.

Derek Hay Sentencing Hearing: Performers Give Impact Statements

The first day of the sentencing hearing for LA Direct Models’ Derek Hay, who pleaded guilty in May to one charge of conspiracy to commit pandering and a charge of perjury, took place in Los Angeles Wednesday.

Utherverse to Host 8th Annual VirtualCon in September

Virtual reality and metaverse technology company Utherverse will hold the eighth edition of its annual virtual conference, VirtualCon, from Sept. 26-28.

Pornhub Shuts Down Access in Nebraska Over Age Verification

Aylo began blocking access to Pornhub in Nebraska on Monday, in anticipation of the state’s new age verification law — one of many such bills promoted by religious conservatives around the country — which is scheduled to go into effect Thursday.

FeelMe AI Launches 3 New Subscription Tiers

FeelMe AI has launched three new subscription levels, allowing users to connect compatible Kiiroo sex toys to their videos for interactive solo play.

CamSoda Launches AI Girlfriend Builder

CamSoda has debuted a personalized "AI girlfriend" feature, which allows users to create their very own virtual companion at no charge, including free NSFW role-play and chat.

Free Speech Organization Comes Out in Support of Wisconsin Professor Who Posted on OnlyFans

After a University of Wisconsin-La Crosse faculty tribunal recommended stripping veteran professor of communications Joe Gow of tenure last week due to Gow having unremorsefully created and appeared in adult content, a major free speech organization has come out in his support.

Show More