Judge to Decide Damage Award in TVX Suit

TAMPA, Fla. — Attorneys for U.K. resident Lara Coton filed a post-trial memorandum outlining damage calculations in her case against Texas-based TVX Inc. and its president, Bob Burge.

Attorneys are seeking more than $400,000 in damages for copyright infringement, defamation and emotional distress suffered by Coton when Burge used her image in the re-released 1982 adult film “Body Magic.”

“The purpose of an award of the infringer’s profits is to prevent the infringer from unfairly benefitting from his own wrongful conduct,” the court documents said.

Coton’s attorney, Richard A. Harrison, told XBIZ that he’s confident the judge will award her some money, but that the suit is not about money.

“The point [of the suit] was to vindicate her reputation, to send a strong message to people that she was not involved in this at all.”

The court documents said, “Florida statutes provides that no person shall ‘publish, print, display or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, portrait, photograph, or other likeness of any natural person’ without that person’s express written or oral consent.”

The papers state that Jade is entitled to both actual damages and punitive damages for the unlawful misappropriation of her photograph and likeness.

Coton testified that the defendant’s misappropriation of her image and its use in connection with the “Body Magic” pornographic movie has damaged other aspects of her professional career.

A trial was held July 21, but Burge failed to show up in court. He then filed documents requesting that the court reconsider his request for postponement and to file evidence related to damages, which the court did not take into consideration.

TVX’s July 28 filing argued that it was Burge’s on-going health problems that kept him from appearing in court and not the apparent “delaying tactics” the defendant’s attorney had accused him of.

In terms of the damage award, TVX’s filing said that the copyright owner is entitled to recover actual damages suffered as a result of the infringement and any profits of the infringer that are attributable to the infringement.

The filing claims TVX had a net loss of $341, after expenses and selling 133 DVDs. Therefore, the plaintiff would not be entitled to any compensation.

TVX however did remove Coton’s image, as promised, from the DVD box art and instructed retailers to do the same thing, according to Harrison.

However, Harrison says, he can’t be confident that they removed her image from all of the CD art contained inside the box.

The judge is now deciding what damage to award, if any, and will make his decision in the next couple of weeks.

Calls to Robert Burge went unanswered by post time.

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

Ryan Keely, Nicole Doshi Topline Latest From Sweetheart Video

Ryan Keely and Nicole Doshi headline the 19th volume of "Lesbian Adventures: Strap On Specialists" from Mile High Media's studio imprint Sweetheart Video.

Wendy Raine Fronts 'Mamma Mia' Parody From MYLF

Wendy Raine stars with Eva Nyx and Quinton James in a “Mamma Mia” parody from MYLF, titled “Memories Cumming to My Mind.”

Briella Coley Makes Her Evil Angel Debut

Briella Coley has made her debut for Evil Angel alongside director/performer Richard Mann.

Jasmine Sherni Takes the Spotlight in 2-Part Brazzers Release

Jasmine Sherni stars in the two-part Brazzers scene titled “TroubleMakerzz.”

Ofcom: Age Assurance Going Live Across 'Thousands' of Porn Sites

U.K. communications regulator Ofcom said in a statement Thursday that providers of online pornography are implementing age assurance across “thousands of sites” accessible in the U.K., in response to Ofcom’s Online Safety Act (OSA) enforcement program.

Linda Lan Performs 1st Anal, Headlines Jonni Darkko's 2nd 'POV Anal Sluts'

Linda Lan performs her first anal scene and toplines director Jonni Darkko’s sequel to “POV Anal Sluts,” from Evil Angel.

XBIZ Miami's Host Hotel Sold Out, General Registration Now Open

Guest rooms at XBIZ Miami’s exclusive conference venue, Nautilus Sonesta Miami Beach hotel in South Beach, are now completely sold out.

Leana Lovings, Aria Banks Front Latest From Reality Kings

Leana Lovings and Aria Banks star in the latest release from Reality Kings, titled "Synchronized Scissoring."

Penthouse Names Lennon Elizabeth April's 'Pet of the Month'

Penthouse Magazine has named model Lennon Elizabeth as Pet of the Month for April.

Bella Spark, Kelly Collins Star in Finale of VMG Cross-Site Feature 'Bang and Burn'

Bella Spark and Kelly Collins star with Vixen Media Group exclusive Jason Luv in the final installment of the cross-site spy feature "Bang and Burn."

Show More