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

Dirty Cinema Launches New Paysite 'MILFuckd'

Dirty Cinema has launched a new paysite, MILFuckd.com, on its network.

Braindance Unveils '6DOF' VR Tech

Interactive virtual reality platform Braindance has debuted its new Six Degrees of Freedom (6DOF) VR technology.

Kiiroo, Pineapple Support Launch 'Empower Hour' Series on FeelHubX YouTube Channel

Kiiroo and Pineapple Support have teamed up to launch the “Empower Hour” series on the FeelHubX YouTube channel.

Kansas Law Firm Deploys Religion, Bunk Science While Recruiting Plaintiffs Under AV Law

Kansas-based personal injury law firm Mann Wyatt Tanksley is promoting debunked scientific theories and leveraging religious affiliation against the industry while it seeks potential plaintiffs for lawsuits against adult companies under the state’s age verification law.

UK Tech Secretary Lists Age Verification Among OSA Priorities

Peter Kyle, the U.K.’s Secretary of State for Science, Innovation and Technology, on Wednesday made public a draft version of his priorities for implementing the Online Safety Act (OSA), including age verification.

AEBN Publishes Popular Seraches by Country for September, October

AEBN has released its list of popular searches from its straight and gay theaters in all 50 states and the District of Columbia.

Avery Jane Featured on 'Adult Time Podcast'

Avery Jane is the latest guest on the “Adult Time Podcast,” hosted by studio CCO Bree Mills.

FSC: Kansas Law Firm Threatens Adult Site Over Age Verification

The Free Speech Coalition (FSC) has been notified that Kansas law firm Mann Wyatt Tanksley has sent a letter threatening an adult website with a lawsuit for breaking the state's age verification law.

10th Circuit Rejects Final FSC Appeal in Utah AV Case

The United States Court of Appeals for the 10th Circuit on Monday rejected a motion by Free Speech Coalition (FSC) requesting that the full court rehear its appeal in Free Speech Coalition v. Anderson, the industry trade association’s challenge to Utah’s age verification law.

Trump Nominates Project 2025 Contributor, Section 230 Foe to Chair FCC

President-elect Donald Trump has nominated, as his pick to head the Federal Communications Commission, Brendan Carr — an author of Project 2025 who has called for gutting Section 230 protections.

Show More