Jimmy Flynt Sr. OK’d as Material Witness

Dec 4, 2009 11:30 AM PST
LOS ANGELES — A federal judge on Thursday signed off on Flynt Media Corp.’s request to include Jimmy Flynt Sr. as a material witness when trial begins Monday over the commercial use of the "Flynt" name.

LFP attorneys have been fighting Flynt Media’s argument to include him as a witness, claiming that adding Jimmy Flynt Sr. to the defense’s witness list would be duplicative of testimony made in an October deposition and constitute an undue consumption of time.

U.S. Judge Howard Matz also ordered both sides to amend its exhibit list to include only DVD boxcovers “so that the jury is not unnecessarily saturated with the explicit materials.”

Larry Flynt and LFP Inc. are suing Jimmy II Flynt and Dustin Flynt over the use of Flynt Media Corp. name, claiming it is too similar to their own and that it is likely to cause confusion in the marketplace. LFP already has won a preliminary injunction against Flynt Media Corp.

In a brief to the court Wednesday, LFP attorneys said adult consumers can’t distinguish between the two companies’ products.

“When survey participants, who were consumers of adult entertainment materials, were presented with defendants’ ‘Flynt’ DVD, up to 64 percent were confused as to the source of the product,” the brief said.

“By using the ‘Flynt’ name on adult motion pictures, defendants are attempting to trade-off their uncle’s famous name and trademark as well as his fame and notoriety.”

The trial is expected to last five days.

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