Jules Jordan's $2.6M Verdict Appealed for 2nd Time

SAN FRANCISCO — Canadian distributor Kaytel has filed court papers with the 9th U.S. Circuit Court of Appeals to pare a $2.6 million copyright infringement verdict in favor of Jules Jordan Video and Jules Jordan.

It is the second time that Kaytel, along with owner Alain Elmaleh and Leisure Time Canada subsidiary, has appealed the verdict to the 9th Circuit on various issues.

A federal judge in June gave the green light for Jules Jordan Video to collect after the 9th Circuit went along with the jury's verdict in the case.

U.S. Judge James Otero, in moving the verdict along, said that defendants had run out of motions for a new trial or to amend the outcome.

The case stems from a jury verdict in 2007 that determined the defendants pirated 31 Evil Angel movies and 13 movies from Jules Jordan, when he was a member of the Evil Angel directing roster. Evil Angel separately was awarded $11.2 million.

Jordan also claimed the defendants violated his right of publicity. The court rejected Kaytel defendants claim that Jordan’s right of publicity claim was preempted by copyright law. The court also ruled that neither Jordan or Jules Jordan Video had standing to assert copyright claims.

The 9th Circuit disagreed, concluding that Jordan’s right of publicity claim is preempted by the Copyright Act and that Jordan and Jules Jordan Video had standing to assert the copyright claims in question.

Evil Angel and Jules Jordan uncovered the piracy ring after East Coast distributors reported knock-off copies of Evil Angel DVDs.

In the latest appeal to the 9th Circuit, Kaytel is asking whether the lower court erred in failing to determine whether Jordan was the author of the films at question.

It also asks whether separate awards of damages against each of the defendants is appropriate, or are plaintiffs entitled to a single award against the defendants jointly.

Further, with the separate awards, the defendants ask whether the award of $200,000 per work as statutory damages for copyright infringement violate the maximum set forth of the copyright act.

The defendants claim in the appeal that Elmaleh had been "near alter ego" with the two companies — Kaytel and Leisure Time — and that the damages against three entities should form the basis of only one award. Copyright awards generally amount to $150,000 per work.

The 9th Circuit, which received papers for the second appeal on Monday, has not decided whether it will take the case.

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

Metart Marks Its 25th Anniversary

Metart is celebrating its 25th year as an adult studio.

Open Mind AI Seeks Inclusion in EU's AI Debate

New European industry initiative Open Mind AI has penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

Connie Perignon Performs Her 1st Girl/Girl Scene for LesbianX

Connie Perignon has performed in her first girl/girl scene alongside Nicole Doshi, in the latest release from LesbianX, titled "Tasty Holes."

Vanessa Jhons Makes Her TransAngels Debut in 'Poolside Seduction'

Vanessa Jhons and Justin Jett make their TransAngels debuts in “Poolside Seduction.”

Naudi Nala Stars in Latest From TeamSkeet

Naudi Nala stars with Nikki Slick, Nina White and Satine Summers in the latest release from TeamSkeet.

Abby Rose Stars in Latest From Brazzers

Abby Rose stars with Zane Walker in the latest release from Brazzers.

Leilani Li, Haley Reed Star in Latest From Transfixed

Leilani Li and Haley Reed star in the latest release from Transfixed, titled "What Good Roommates Do."

Willow Ryder, Anna Claire Clouds & Baby Gemini Star in Latest From Ricky's Room

Ricky’s Room has released “Party In Willow’s Room” a new orgy scene starring Willow Ryder, Anna Claire Clouds, Baby Gemini, Derek Savage, studio honcho Ricky Johnson and the late Jay Hefner.

Killer-Clown Thriller 'Scissors' Premieres in Sherman Oaks

Harry Sparks’ killer clown horror thriller “Scissors,” co-starring Jill Kassidy and Tommy Pistol, had its star-studded red-carpet premiere on Tuesday, at the Regal Sherman Oaks Galleria.

Show More