Smash Pictures Files Counterclaim in 'Fifty Shades' Legal Battle

LOS ANGELES — As much as 89 percent of the content used in "Fifty Shades of Grey" grew out of a multipart series called "Masters of the Universe" that ended up in the public domain, according to a countersuit waged by Smash Pictures.

Smash, one of the adult entertainment industry's most successful brands, was sued last year for trademark and copyright infringement by Universal City Studios and Fifty Shades Ltd. over the sale and distribution of the Smash parody “This Isn’t Fifty Shades of Grey XXX." The plaintiffs later moved for a preliminary injunction, which a judge has not ruled on yet.

But today, Smash poked back against Universal and Fifty Shades, claiming that the "Masters of the Universe" series based on Stephenie Myer's "Twilight" novels was the impetus for "Fifty Shades of Grey," which Universal paid $5 million to turn into a film adaptation.

Smash responded with an answer, counterclaim and motion for a continuance, asking the court for a declaration that the federal copyright registrations for the trio of "Fifty Shades of Grey books are invalid and unenforceable and that the defendants have not violated copyright or trademark laws because the content is in the public domain.

Smash contends the material was published online between 2009 and 2011 in various venues, including FanFiction.net and the personal website of Erik Leonard.

But plaintiffs counsel, in a brief Friday, told the court that Smash's contention that 89 percent of the allegedly copyrighted  material” is “derived from” previously-published "Twilight" is "a highly misleading attempt to  manufacture an issue were none exists."

They also said that the counterclaim is a"transparently a last-minute bid to put off

indefinitely a court ruling" on a preliminary injunction that would stop the sale and distribution of  “This Isn’t Fifty Shades of Grey XXX."

"Defendants make it sound like the 'fan fiction' they mysteriously refer to was written by someone else," Universal and Fifty Shades counsel said. "What they fail to tell the court is that this fan fiction is actually a novel written by and owned by  Erika Mitchell – the same person who is the author of the 'Fifty Shades of Grey' novels and who is the principal of plaintiff Fifty Shades Ltd."

Today, U.S. District Court Judge Philip Gutierrez, who also is the judge involved in the Manwin vs. ICM Registry litigation, turned down Smash's motion for a continuance, a move that could signal a ruling on Universal's preliminary injunction motion.

View Smash Pictures 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

Bree Mills Unpacks Power, Pain and Family Ties in New Pure Taboo Film

Bell is shooting a scene for “The Secrets We Share,” a new feature from Pure Taboo and Adult Time — and moments like this remind the crew that they are not out to make just another adult movie.

Cubbi Thompson Stars in Latest From Brazzers

Cubbi Thompson stars with Keiran Lee in the latest release from Brazzers, titled "Slippery Business."

Adult Time Drops Bree Mills' 'Hard Stop Reunion' Documentary, New Scene

Adult Time has released a documentary feature on the recent Bree Mills-helmed drama “Hard Stop” as well as a new cast orgy scene, titled “Hard Stop Reunion Orgy.”

Gal Ritchie Performs Her 1st Anal for Brazzers

Gal Ritchie performs her first anal scene alongside Ricky Johnson in the latest Brazzers release, titled “Say Hello to My Little Arsehole.”

Michigan Legislators Propose Online Porn Ban

Michigan lawmakers have introduced a bill that would make it illegal to distribute pornography via the internet in the state.

Florida AG Sues Aylo, Segpay Over State AV Law

Florida Attorney General James Uthmeier filed lawsuits against Aylo and Segpay on Monday with the 12th Judicial Circuit Court of Florida for noncompliance with HB3, the state's age verification law.

Colombian Court Sides with Performer Esperanza Goméz Over IG Suspensions

Colombia’s Constitutional Court last week ruled in favor of adult performer Esperanza Gómez in her legal battle against Meta over repeated suspensions of her Instagram account.

Elegant Angel Premieres Jennifer White Showcase 'Hollywood Whore'

Jennifer White gets the spotlight in a new six-part showcase release from Elegant Angel.

Autumn Rain Headlines Latest From TransSensual

Autumn Rain stars with Little Puck in “Playtime with a TS MILF,” from TransSensual.

Adult Time Releases New 'Out of the Family' Episodes for 'Steptember'

Adult Time has released new episodes of “Out of the Family,” as part of its “Steptember” series programming.

Show More