Fyre TV Loses Appeal for Injunction Against Amazon

Fyre TV Loses Appeal for Injunction Against Amazon

MIAMI — A federal appeals court last week denied an attempt made by the parent company of adult video-streaming system Fyre TV for an injunction against Amazon.com for calling its own streaming system Fire TV.

On Friday, the 11th U.S. Circuit Court of Appeals affirmed a lower court's ruling that Wreal LLC, operator of Fyre TV, was tardy in filing its motion for a preliminary injunction against the online retailing giant.

Wreal registered the marks “FyreTV” and “FyreTV.com” with the U.S. Patent and Trademark Office in 2008, and has used those marks streaming adult content since 2007.

In 2014, Amazon launched its set-top box for mainstream fare, dubbed the “Amazon Fire TV,” despite that it was aware that Wreal had registered a FyreTV mark prior to its launch.

Two weeks after the launch, Wreal filed a “reverse-confusion” trademark suit against Amazon, seeking treble damages and injunctive relief. Wreal also sought relief under Florida’s Deceptive and Unfair Trade Practices Act and Florida common law.

But “despite the alacrity with which Wreal filed its complaint, for months, Wreal conducted no discovery and made just routine, case-management filings in the district court,” the 11th Circuit said.

“Then, on Sept. 22, 2014 — over five months after filing its complaint — Wreal moved for a preliminary injunction.”

The appeals court said that the five-month period was way too long and denied Wreal’s request, characterizing Wreal’s pursual of a motion for preliminary injunction as one “with the urgency of someone out on a meandering evening stroll rather than someone in a race against time.”

“Both in the district court and on appeal, Wreal has failed to offer any explanation for its five-month delay,” the 11th Circuit decided. “Nor can we discern from the record any justification for the delay that would suggest that the district court made an error in judgment by pointing to the delay to find a lack of imminent irreparable harm.”

“In fact, as the district court observed, the preliminary-injunction motion relied exclusively on evidence that was available to Wreal at the time it filed its complaint in April 2014,” the court said.

“Simply put, the district court did not abuse its discretion when it concluded that Wreal failed to demonstrate an imminent injury that would warrant the ‘extraordinary and drastic remedy’ of a preliminary injunction.”

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

Go.cam Launches Free Age Verification Solution, Anti-Fraud Features

Go.cam has announced that its age verification solution is now free with updated anti-fraud and identity protection features.

Florida AG Sues EU-Based Adult Companies for Failing to Age-Verify Users

Florida Attorney General James Uthmeier filed a lawsuit Monday with the 12th Judicial Circuit Court of Florida against five EU-based adult companies for allegedly failing to require age verification before allowing access to adult content.

SkyPrivate Launches 'Telegram Pay-Per-Minute' Feature

SkyPrivate has launched a new pay-per-minute (PPM) private show option on Telegram.

Pineapple Support to Host 'Money and Mental Health' Online Event

Pineapple Support is hosting a free, online event to help performers balance financial wellbeing with mental health, Aug. 18-19.

Arcom Warns 5 Adult Sites Over Age Verification

French media regulator Arcom has sent enforcement notices to the operators of five adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

MojoHost Debuts NVIDIA Blackwell-Powered Hosting

MojoHost has announced the launch of NVIDIA Blackwell-powered hosting featuring RTX 6000 Pro MaxQ GPUs.

FSC: Identity Theft Targeting Adult Performers

The Free Speech Coalition has put out an alert warning of an individual found to be targeting adult performers for identity theft.

Assylum.com Implements New Age Verification System

Assylum.com has introduced an age verification system across its member sites.

European Commission to Assess Pornhub, XVideos, XNXX Compliance With Digital Services Act

The European Commission plans to conduct a study to determine how well adult sites Pornhub, XVideos and XNXX are addressing illegal content and other potential harms under the EU’s Digital Services Act.

German Higher Court Upholds Ban on PornHub, YouPorn

The Higher Administrative Court of Rhineland-Palatinate on Thursday upheld a “network ban” on Aylo-owned adult sites Pornhub and YouPorn for failing to comply with German age verification regulations.

Show More