Court Order Further Restricts Jimmy Flynt’s Use of ‘Flynt’

CINCINNATI — A federal judge today ordered a modification to a permanent injunction against Jimmy Flynt, restricting him even further in his efforts to market Flynt Sexy Gifts in Florence, Ky.

The motion to modify the restraining order arose from Jimmy Flynt’s continued use of the “Flynt” surname to market his Florence store and now-defunct website, FlyntSexyGifts.com.

Jimmy Flynt, according to the original suit which was won by Larry Flynt, allegedly traded off brother Larry Flynt’s name used in web and brick-and-mortar advertising to promote his adult retail operations.

Larry Flynt’s attorneys in their motion for a modification to the permanent injunction said that Jimmy Flynt flouted an earlier order and subsequent appeals court ruling over the Florence store's signage because it doesn’t display his first name in a “sufficiently visible manner” and that it continues to create a likelihood of confusion with the trademark "Larry Flynt.”

Today, U.S. District Judge William Bertelsman sided with Larry Flynt again and ordered a change in a restraining order that restricts Jimmy Flynt from emulating signs and marketing materials that appear as LFP Inc. properties, as well as forcing him to place disclaimers on all advertising.

“[T]he permanent injunction issued by the court will be modified to enjoin Jimmy from using the name ‘Flynt’ in connection with the sale, promotion or advertising of adult entertainment products or services unless it is accompanied by the first name ‘Jimmy’ in the same font size, color and style and on the same background color,” the court order.

“With the exception of store signage, such use must be accompanied by a conspicuous disclaimer stating that the goods or services are not ‘sponsored, endorsed by, or affiliated with Larry Flynt or Hustler, or any business enterprise owned or controlled by Larry Flynt.’”

Two adult entertainment industry figures, including XBIZ Publisher Alec Helmy, recently testified that the Flynt surname used in connection with Jimmy Flynt’s retail operation was likely to cause consumer confusion, according to the judge’s order.

Even Jimmy Flynt said in court transcripts that “Flynt” is “synonymous” with Larry Flynt and Hustler, the judge said.

In a previous case, Bertelsman permanently barred Jimmy Flynt from using the “Hustler” name and rejected his claims that he had permission to open an unlicensed Hustler retail store.

Jimmy Flynt told XBIZ he plans to appeal Bertelsman's ruling released today.

"It's just a ridiculous decision, and we plan to appeal to the 6th U.S. District Court of Appeals," he said.

View today's order

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

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

BasisDx Adds Subscription Option for 'Pro13' Home Testing Kit

PASS-certified home testing kit provider BasisDx has added a subscription model option for its Pro13 kit.

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

Melanie Rose to Host 2025 XBIZ Honors

Melanie Rose, host of the popular Netflix show “How to Build a Sex Room,” will MC the retail edition of the 2025 XBIZ Honors, set to take place Jan. 18 at the iconic Roosevelt Hotel in Hollywood.

Full Circle Introduces 'Be Savage' Apparel Collection

Full Circle Distribution has debuted the new Be Savage collection of lingerie, dresses, and accessories.

Blush Debuts 'Quantum X' Stroker From 'M for Men' Line

Blush has introduced the new Quantum X thrusting stroker from its M for Men line.

Flirt4Free Announces 'Tease the Season' Holiday Contest

Flirt4Free has announced its Tease the Season promo and model contest, which will run Dec. 21-25.The competition is led by the return of the Snowflake Contest, where models can be gifted digital snowflakes by their fans. The models who collect the most snowflakes by 11:59 a.m. on Christmas Day will win cash prizes.

Angel Bermudez of Evolved Novelties Passes Away at 52

Angel Bermudez, a valued and integral member of the sales team at Evolved Novelties, passed away on Saturday, Dec. 14, at his home in Miami. He was 52.

Satisfyer, Kourtney Kardashian's Poosh.com Partner on Celebrity VIP Gift Box

Satisfyer has partnered with Kourtney Kardashian’s lifestyle site, Poosh, which will include the pleasure brand's Satisfyer Pro 2 Generation 2 Air Pulse Vibrator in the Poosh Celebrity VIP Gift Box.

SWR Data Publishes 2024 'Top Creator Platforms' Report

Adult industry market research firm SWR Data has published a report on the Top Creator Platforms of 2024.

Show More