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Larry Flynt Sues Jimmy Flynt for Trademark Infringement in Fla.

samsung1

Ohio

LOS ANGELES—Hustler publisher Larry Flynt sued his younger brother Jimmy Flynt in Florida the day before Independence Day, alleging trademark infringement for opening a store called Flynt Sexy Gifts in Naples, Florida, whose “location, design and business model are based on Larry's highly successful Hustler Hollywood stores,” according to the complaint.

The trademark that has allegedly been infringed by Jimmy is referred to in the complaint as the “Flynt Marks,” which are a combination of “a family of federal trademark registrations and applications” issued by the U.S. Patent Office, as well as the “famous common law FLYNT trademark.”

“In sum,” the complaint continues, “Larry has become internationally known and symbolic of adult entertainment magazines, retail stores, motion pictures, adult products, Internet Websites, and the like.

“Plaintiffs' FLYNT Marks,” it adds, “have become famous, have acquired secondary meaning to the public, and he is entitled to protect the intellectual property rights associated with the name and mark FLYNT.”

Accusing Jimmy of founding Flynt Sexy Gifts in order to “trade off and usurp the famous FLYNT Marks,” the complaint then recites other alleged attempts by Jimmy and his sons to do the same, including the “several litigations in Ohio related to Jimmy's business relationship with Larry.”

The complaint continues, “Despite… two prior court decisions prohibiting Jimmy from using the FLYNT Marks, Jimmy has willfully and deliberately infringed upon plaintiff's intellectual property rights by promoting his new store as ‘Flynt Sexy Gifts' without using his full name or any disclosure.”

Larry Flynt is seeking an order enjoining Jimmy and the store from using the Flynt Marks, as well as monetary damages, including actual damages, trebled because of Jimmy's alleged willful conduct, and the surrender for destruction of all signs, goods, labels, advertising material and other items containing or including the Flynt Marks without authorization of plaintiffs.”

Larry Flynt and LFP Inc. are represented in the case by local counsel Paul A. Giordano and Clayton W. Crevasse, as well as four Ohio-based lawyers from Dinsmore & Shohl LLC—Mark A. Vander Laan, Amanda P Lenhart, Joshua A. Lorentz and Robert M. Zimmerman—each of whom has a pro hac vice application pending.

The complaint can be read here.

http://business.avn.com/articles/legal/L…