Farrell filed a complaint in Los Angeles Superior Court in July to restrain Narain from releasing the video, which allegedly features the well-endowed actor in a consensually produced sex film with the buxom Narain.
Since the complaint, attorneys for Narain and online porn peddler Internet Commerce Group have been seeking distribution rights for the film, looking to make the case an issue of federal copyright, not privacy.
They succeeded this week in moving the case to federal court on copyright grounds.
“We believe that Ms. Narain is entitled to exercise her copyright per federal statutes, and we hope that the court will clear the way for the tape to be released soon,” Sal Abbate, CEO of ICG, said in an official statement Monday.
ICG wants to distribute the tape through its HollywoodSexTapes.com website.
Narain is clearly hoping the video goes public, too, having recently appeared on Rita Cosby’s “Life & Direct” show on MSNBC, where she spent a good deal of her time arguing entitlement to the money-making potential of the Farrell sex tape.
“And I want Colin to get his fair share, too,” she stressed during the Nov. 22 interview.
If Narain and ICG succeed in federal court, the Farrell tape could be on shelves just in time for Christmas.