FTV Wins Injunction in Alleged Counterfeiting Case

LAS VEGAS — First Time Videos (FTV) has been granted a preliminary injunction against Superstar Media Labs, which is alleged to have sold counterfeit DVDs after it was terminated from a distribution deal with FTV nearly three years ago.

FTV, which produces intimate, erotic and solo-masturbation videos, said that it sent a series of cease-and-desist letters starting in 2009 to Long Beach, Calif.-based Superstar Media and its owner Regan Franks, receiving one promise after another from him that the company would remove FTV titles from its online retail store, DVDHotties.com.

Superstar Media, from 2004 to 2008, had a deal with FTV to produce and distribute videos.

As months passed after the initial series of cease-and-desist letters, FTV execs and company attorneys assumed that the alleged infringing material for sale was taken offline, but according to the suit Superstar Media "utilized a technical measure to make the website inaccessible" to them.

"This prevented plaintiff and plaintiffs' counsel from discovering the infringement," the suit said.

In May, however, FTV execs went back to the site and discovered rampant infringement on DVDHotties.com, the suit said, with listings of 219 "FTVGirl" titles for sale.

An FTV investigator later ordered an alleged counterfeit video on DVDHotties.com, requesting Superstar Media to send the tape to a Las Vegas address, which spurred the initiation of the lawsuit.

Filed last month at U.S. District Court in Las Vegas but sealed from public access until now, the suit claims that Superstar Media not only made for sale FTV material compiled from its earlier deal but current online material as well.

"[Superstar Media] used the copied content to create and distribute adult videos and DVDs that are substantially similar to plaintiff's copyrighted content," the suit said.

According to filings in support of the injunction, Superstar Media's computer systems were inspected under court order by forensics experts where they found numerous hard drives containing eight terabytes of FTV content, as well as more than 50 mini DVD tapes.

Superstar Media's Franks wasn't able to be reached by XBIZ for comment on the case; however FTV attorneys say the company hasn't denied guilt in the civil matter.

"[Superstar Media] has not denied that it sent a counterfeit DVD to [an FTV] investigator," a court filing said. "Defendants are using the 'FTV' marks themselves to sell counterfeit products."

Late last month, U.S. Judge Kent J. Dawson agreed with FTV over seeking a preliminary injunction relative to the production and distribution of alleged counterfeit FTV videos and unsealed court documents after the court-ordered inspection took place.

FTV is asking for damages of $1 million per counterfeit mark, treble damages amounting to three times statutory damages and attorneys fees. It also seeks a permanent injunction enjoining Superstar Media from using the marks.

View unsealed complaint

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

Sinatra Monroe Toplines New Digital Playground Comedy 'Single Minded'

Sinatra Monroe headlines the new comedy feature from Digital Playground, titled "Single Minded."

Adult Time Launches New Series 'Preggo World'

Adult Time has released the first episode of its new series “Preggo World,” titled “18 & Pregnant.”

Alexis James Makes Her Tushy Raw Debut

Alexis James has made her debut for Vixen Media Group (VMG) studio imprint Tushy Raw, alongside Victor Ray.

Tyler Wu Guests on Chaturbate's 'Sex Tales' Podcast

Tyler Wu is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall on the company’s “Camming Life” YouTube channel.

Lucy Hart Stars in Mainstream Slasher Flick 'Director's Cut'

Long-time performer Lucy Hart has stepped outside the world of adult, starring in a new mainstream slasher movie, "Director's Cut," that premiered this weekend in theaters across the U.S.

Fleshy to Launch Interactive Cam Site 'Eremote'

Male pleasure brand Fleshy has announced that it will launch an interactive, bidirectional cam site next month called Eremote.

Rae Lil Black, Rikako Katayama Star in Latest From Vored

Rae Lil Black and Rikako Katayama star in the latest release from Hentaied.pro studio brand Vored, titled "Sinful Taste."

XBIZ LA Show Introduces New 'Crib Crawl' Feature

XBIZ is pleased to announce that the 2025 edition of its flagship conference, the XBIZ Show, will debut a brand-new feature: Crib Crawl, offering attendees the chance to meet and greet representatives from leading brands and organizations in dedicated suites at the host venue.

Sage Hunter Makes Her Hookup Hotshot Debut

Sage Hunter has made her Hookup Hotshot (HUHS) debut alongside studio honcho Bryan Gozzling.

Gal Ritchie: From British Dominatrix to Rising L.A. Starlet

Gal Ritchie left her home in the U.K. and arrived in Los Angeles on Aug. 12, 2023. She remembers the exact date because it was such a key moment in her life.

Show More