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 © 2026 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

2026 XBIZ LA Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for the XBIZ 2026 conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Grooby Kicks Off 30th Anniversary With Aubrey Kate Return

Two-time XMAs Trans Performer of the Year Aubrey Kate returns to Grooby for the first time since 2017, starring alongside Chris Epic to mark the commencement of the studio’s 30th anniversary year.

Octavia Red Stars in 'No Need for Men' From Futanari XXX

Octavia Red stars with Ava Amira in “No Need for Men Pt. 1,” from Futanari XXX, directed by studio honcho Romero.

Sofie Marie Fronts Latest From MYLF

Sofie Marie stars with Gunnar Bishop in the latest release from MYLF.

Penny Barber Stars in Latest Episode of 'Mommy's Boy'

Reigning XMAs MILF Performer of the Year Penny Barber stars with Emma Rosie and Axel Haze in the latest episode of Adult Time series “Mommy’s Boy,” titled “A Family That Nudes Together, Stays Together.”

Utah State Legislator Proposes New 'Porn Tax'

A Utah state senator introduced a bill on Monday that would impose a 7% tax on the gross receipts of adult websites doing business in that state, plus require adult sites to pay an annual $500 fee.

'Fan Fav' XMA Award Categories to Be Presented at X3 Expo

In a move sure to electrify fans and creators alike, fan passion will take center stage Saturday, Jan. 17, when the winners of the 2026 XMA Fan Favorite categories are revealed, transforming the closing night of X3 Expo into the event’s most buzzworthy moment.

Sophia Locke, Max Fills Star in Latest From New Sensations

Sophia Locke and multi-XMAs winner Max Fills star in the latest release from New Sensations.

Angel Windell, Cherry Candle Topline Latest 'Lesbian Love Stories'

Angel Windell and Cherry Candle headline the 11th volume of "Lesbian Love Stories" from Girlfriends Films.

Leana Lovings Fronts Latest From Pure Taboo

Leana Lovings stars with Jason Sarcinelli in the latest release from Pure Taboo, titled "His Charitable Act."

Show More