Flynt Brothers' Legal Battles Rage Over Hustler Name

CINCINNATI — Attorneys for Larry Flynt Publications, in their federal trademark infringement case against Jimmy Flynt, are seeking a permanent injunction to keep Hustler Cincinnati from using the Hustler name.

In a prehearing memorandum, which was filed earlier this week at U.S.District Court in Cincinnati, Larry Flynt attorneys claim that Hustler Cincinnati, a former licensee of the plaintiff, “has continued to improperly use plaintiff’s world-famous and federally-registered Hustler marks after the termination of Hustler Cincinnati's license agreement with plaintiff.”

The filing laid out the reasoning behind why an injunction is warranted saying that LFP owns the registered Hustler marks; Hustler Cincinnati licensed them marks from LFP with approval; LFP terminated the license agreement with Hustler Cincinnati but continued to use the marks, causing likelihood of confusion and irreparable harm to the plaintiff.

The memorandum also said Jimmy Flynt and Hustler Cincinnati have sought to distract the court from these facts by asserting a variety of vague defenses, including that Jimmy is a co-equal partner with his brother Larry Flynt and has rights to the Hustler marks.

“Neither Jimmy nor Hustler Cincinnati has ever previously contested plaintiffs' ownership of the Hustler marks nor the validity of any license agreements,” the filing said. “In fact, Jimmy has consistently disavowed, both through written contracts and sworn testimony, any ownership interest whatsoever in LFP or the Hustler marks. Indeed, Jimmy has never claimed any rights to LFP or the Hustler marks until LFP terminated the license agreement with Huslter Cincinnati in 2009.”

The court document provides further details about how Jimmy Flynt, in previous testimony over the years, has admitted to never having any ownership interest or stock in LFP.

The filing said the plaintiffs do not seek to put Jimmy or Hustler Cincinnati out of business.

“Plaintiffs merely seek to stop Hustler Cincinnati from infringing on the Hustler marks and engaging unfair competition. In other words, plaintiffs only seek to force Hustler Cincinnati to comply with its legal obligations. Meanwhile, the harm to plaintiffs is substantial.”

The plaintiffs are also seeking attorney fees. The preliminary injunction hearing is Oct. 12.

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

More Conservative Organizations Distance Themselves From Anti-Porn Project 2025

A growing list of conservative groups which had formerly endorsed Project 2025 — which calls for the total criminalization of adult content production and distribution — have reportedly distanced themselves from the blueprint, following Donald Trump’s claims that he disagrees with an unspecified number of its positions.

Our Erotic Journey Unveils 'Cristal Collection' Glass Dildos

Our Erotic Journey has introduced its new Cristal Collection of glass dildos.

XBIZ Expo Pleasure Product and Retail Show Website Goes Live

The event website for the XBIZ Expo pleasure product and retail trade show is now live.

Sportsheets Debuts 'Peaches 'N CreaMe' Training Video

Sportsheets has released its latest training video, titled "Peaches 'N CreaMe," the first in a series hosted by Brand Ambassador Rin Musick.

Kink's Closet Releases New Collection

Kink's Closet has released its latest collection.

Eldorado to Host 'Virtual Elevation' Webinar With COTR

Eldorado Trading is hosting a private "Virtual Elevation" live webinar for retailers with COTR Product Education Director Tracy Felder on July 23 at 10 a.m. PDT.

Kinkly Partners With Sex.com for Branded Items

Canada-based sexual wellness information site Kinkly has partnered with Sex.com to offer a selection of 20 exclusive branded items, including fashion pieces and accessories.

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 Pornhub’s alleged failure to implement Texas’ controversial age verification requirements, 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.

Champs Hires Joe Prestia as Senior Account Manager

Champs Trade Shows has hired industry veteran Joe Prestia as its new senior account manager for adult boutiques.

Show More