Court Asked to Cancel Bright Imperial's 'RedTube' U.S. Trademarks

ALEXANDRIA, Va. — The operators of RedTube.com have been hit with a counterclaim suit over rights to assert the "RedTube" mark.

RedTube.com, owned by Hong Kong-based Bright Imperial, last year sued RT Media Solutions and its managing director, Walter Olligschlager, over 29 similarly worded adult websites, such as RedTube.net and RedTube-TV.com.

Now RT Media has filed a counterclaim after losing a motion on personal jurisdiction in the case, alleging that Bright Imperial’s U.S. trademark application over RedTube was fraudulently used by former owner J&P and current owner Bright Imperial in violation of the Lanham Act.

RT Media is asking a federal judge in the counterclaim to cancel all of Bright Imperial's U.S. trademark registrations relative to the phrase "RedTube."

Specifically, RT Media is pointing to Section 61 of the Lanham Act.

Section 61 establishes eligibility criteria for an international registration based on a
U.S. trademark application, in accordance with the Madrid Protocol. The applicant must
be a U.S. national or domiciliary, or must have a “real and effective industrial or
commercial establishment in the U.S.”

Bright Imperial counsel said that the only basis for RT Media's allegation of fraudulent  conduct is the assertion that J&P lacked “real and effective industrial or commercial establishment in the U.S. when it applied for international registration of the RedTube mark."

"In making this bold but baseless accusation, defendants refer to a letter written at about the same time asserting that [J&P] was not subject to personal jurisdiction in an action brought in California Superior Court," Bright Imperial told the court in a motion to dismiss RT Media's counterclaim. "But defendants’ counterclaim fails to disclose that the action with respect to which that letter was sent had nothing whatsoever to do with the RedTube trademark, with [J&P], or with [J&P's] presence in the U.S.

"This is apparent, however, from the complaint filed in that action, and from the fact that the plaintiff in that action never pursued claims against [J&P]."

Bright Imperial, in its defense of the counterclaim, said that Section 61 doesn't provide basis for cancelling a U.S. Trademark registration, "it merely permits the owner of a U.S. trademark application or registration file for an international application."

"Moreover, granting the relief defendants seek by ordering cancellation of Bright Imperial’s U.S. and international applications would be largely futile since Bright Imperial could still maintain this action based on its common law trademark rights and Bright Imperial would have a grace period to convert its international application into national registrations," Bright Imperial counsel said in a response.

Bright Imperial's RedTube, according to the original suit, was launched July 2006 at www.jpds.com/redtube, and in March 2007 it began to operate using its current URL, RedTube.com.

RT Media, however, contends it started using 'RedTube' name in connection with Red-Tube.com in November 2006, about five months before RedTube.com was launched.

But Bright Imperial said its www.jpds.com/redtube starting date is the one to consider. By that date, "Bright's 'RedTube' website was already receiving over 286,000 daily visits," the original suit said.

Bright Imperial also notes that it holds the "RedTube" trademark in  the U.S., Australia, Switzerland, Singapore, Brazil and Iceland, and that it owns and operates hundreds of active "RedTube" sites.

Plaintiffs also charge that the defendants use a similar logo, with its colors only modified from red and white to red and gray.

"With only minor additions or modifications, defendants' infringing domains are identical to the 'RedTube' trademark and RedTube's domain name," said the suit, filed at U.S. District Court in Alexandria, Va. "Defendants' websites, including Red-Tube.com, call themselves 'RedTube' and  prominently display the 'RedTube' trademark on each and every page."

Bright Imperial is seeking an injunction against the defendants, as well as damages for trademark infringement, conspiracy and dilution. The suit also seeks a transfer of the domain names to Bright Imperial.

The websites targeted in Bright Imperial's suit include RedTube.net, Red-Tube.net, Red-Tube.com, RedTube-Cams.com, RedTube-Cams.net, RedTube-TV.com, RedTube-TV.net, Red-TubeNet.com, RedTube-Flirt.net, RedTube-Flirt.com, RedTubeShop.org, RedTubeShop.net, RedTube-Shop.com, RedTube-Shop.org, RedTube-Shop.us, Red-Tube-Shop.com, Red-Tube-Shop.net, Red-Tube-Shop.org, Red-Tube-Shop.us, RedTube-TestAccount.com, Red-Tube.biz, My-RedTube.com, RedTube24.com, Red-Tube-Porn.net, RedTube24.net, Red-Tube-Porn.net, RedTube24.net, RedTube-Hardcore.com and Reds-Tube.com.

XBIZ was unable to reach RT Media's Olligschlager for comment.

A judge will weigh Bright Imperial's motion to dismiss the counterclaim on Aug. 3 at U.S. District Court in Alexandria, Va.

View motion to dismiss counterclaim

Related:  

Copyright © 2025 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

JuicyAds Wins Trademark Infringement Case Against Fraudulent Domain

JuicyAds has won its World Intellectual Property Organization (WIPO) case against a website using a similar domain to impersonate the company's site and defraud customers.

Anissa Kate, Jordan Starr Top AEBN for Q2 of 2025

AEBN has published its top-selling stars for the second quarter of 2025, with Anissa Kate landing atop the leaderboard for straight theaters and Jordan Starr heading up the gay rankings.

AEBN Reveals Eva Maxim as Top Trans Star for Q2 of 2025

AEBN has published its top trans stars list for the second quarter of 2025, with Eva Maxim landing atop the leaderboard.

France Reinstates Age Verification Rule for EU Sites

France’s highest court, the Council of State, on Tuesday reinstated age verification rules for EU-based sites under the country’s Security and Regulation of the Digital Space (SREN) law, ruling in favor of the French government and against Hammy Media.

Whisper Fans Joins Pineapple Support as Supporter-Level Sponsor

Whisper Fans has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Utherverse Launches 'Red Light Center' Virtual World

Virtual reality and metaverse technology company Utherverse has launched its new virtual world, RedLightCenter.io.

European Commission Approves AV Guidelines, Unveils Prototype App

The European Commission on Monday released its final, approved guidelines for protecting minors online under the EU’s Digital Services Act (DSA) and made public a “white label” age verification app intended to help sites and platforms comply with age verification rules under the DSA.

New Membership Site 'Sluts Corner' Launches

R18 Entertainment has launched a new membership site, SlutsCorner.com.

Show More