Flynt Brothers' Legal Battles Rage Over Hustler Name

CINCINNATI — Attorneys for Larry Flynt Publications, in their federal trademark infringement case against Jimmy Flynt, are seeking a permanent injunction to keep Hustler Cincinnati from using the Hustler name.

In a prehearing memorandum, which was filed earlier this week at U.S.District Court in Cincinnati, Larry Flynt attorneys claim that Hustler Cincinnati, a former licensee of the plaintiff, “has continued to improperly use plaintiff’s world-famous and federally-registered Hustler marks after the termination of Hustler Cincinnati's license agreement with plaintiff.”

The filing laid out the reasoning behind why an injunction is warranted saying that LFP owns the registered Hustler marks; Hustler Cincinnati licensed them marks from LFP with approval; LFP terminated the license agreement with Hustler Cincinnati but continued to use the marks, causing likelihood of confusion and irreparable harm to the plaintiff.

The memorandum also said Jimmy Flynt and Hustler Cincinnati have sought to distract the court from these facts by asserting a variety of vague defenses, including that Jimmy is a co-equal partner with his brother Larry Flynt and has rights to the Hustler marks.

“Neither Jimmy nor Hustler Cincinnati has ever previously contested plaintiffs' ownership of the Hustler marks nor the validity of any license agreements,” the filing said. “In fact, Jimmy has consistently disavowed, both through written contracts and sworn testimony, any ownership interest whatsoever in LFP or the Hustler marks. Indeed, Jimmy has never claimed any rights to LFP or the Hustler marks until LFP terminated the license agreement with Huslter Cincinnati in 2009.”

The court document provides further details about how Jimmy Flynt, in previous testimony over the years, has admitted to never having any ownership interest or stock in LFP.

The filing said the plaintiffs do not seek to put Jimmy or Hustler Cincinnati out of business.

“Plaintiffs merely seek to stop Hustler Cincinnati from infringing on the Hustler marks and engaging unfair competition. In other words, plaintiffs only seek to force Hustler Cincinnati to comply with its legal obligations. Meanwhile, the harm to plaintiffs is substantial.”

The plaintiffs are also seeking attorney fees. The preliminary injunction hearing is Oct. 12.

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

Westridge Laboratories Debuts 'ID Wellness Essentials' Line

Westridge Laboratories has launched its ID Wellness Essentials line of pleasure products.

Eldorado Teams With Lovehoney for Next Facebook Live Event

Eldorado and the Lovehoney Group are partnering for the next edition of the “Eldorado Presents” Facebook Live series, on Thursday, Nov. 21 at 11 a.m. (MST).

Orion Unveils 8 New Styles From 'Cottelli Accessoires' Line

Orion Wholesale has introduced eight new intimate components from its Cottelli Accessoires line.

Hankey's Toys Debuts 'Ethan Simms Lifecast' Dildo

Mr. Hankey's Toys has introduced its new Ethan Simms Lifecast dildo, modeled after the content creator's anatomy.

Sexologist Dr. Susan Block Files Motion in Meta Lawsuit

Sexologist Dr. Susan Block has reported she has filed a Motion to Vacate with a California court after an arbitrator threw out her case against Meta in June.

Adam & Eve Reveals Results of 'Threesome' Survey

Adam & Eve has released the results of a new survey asking respondents if they’d ever had a threesome.

Motorbunny Debuts 'E-Stim' Rideable Attachment

Motorbunny has introduced the new E-Stim attachment for its sex machines.

Cere Introduces 'Diviner' Chrysanthemum-Shaped Vibrator

Pleasure brand Cere has debuted its new Diviner chrysanthemum-shaped vibrator.

Male Power Debuts 'Widow Maker' Collection

Male Power has introduced its new Widow Maker collection of men's underwear.

Williams Trading Co. Launches Pre-Black Friday Warehouse Sale

Williams Trading has launched its pre-Black Friday warehouse sale for retailers.

Show More