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

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.

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.

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.

Dorcel Group Acquires LifeSelector

Dorcel Group has acquired interactive content company LifeSelector.

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.

Jamie Page Is LoyalFans' 'Featured Creator' for July

LoyalFans has named Jamie Page as its Featured Creator for July.

Stripper, Adult Businesses Challenge Florida's Under-21 Ban for Adult Entertainment Workers

Strip clubs and other adult entertainment establishments in Florida are challenging the state’s law that prevents them from employing adults between the ages of 18 and 20.

Byborg's Le Shaw Research Institute Teams Up With SWOP Behind Bars

LiveJasmin parent company Byborg Enterprises’ Le Shaw International Sexual Health and Wellness Research Institute has joined forces with U.S.-based sex worker advocacy group SWOP Behind Bars.

AI Erotic Storytelling Platform 'Erota' Launches

Erota, a new AI-powered erotic storytelling platform, has debuted.

Show More