Larry Flynt Victorious in Infringement Case

Dec 11, 2009 7:00 PM PST
LOS ANGELES — A federal jury sided with Hustler publisher Larry Flynt in a trademark infringement case against his nephews who sought to launch a competing adult entertainment company using the name Flynt.

The four-man, four-woman jury today began deliberating over the fate of Flynt Media Corp. Ultimately, the jury determined that the name Jimmy II Flynt and Dustin Flynt chose for the company was too similar to their famous uncle's and that it was likely to cause confusion in the marketplace.

Testimony in the trial, which began Tuesday, wrapped after three days. It was expected to last five days with more than 414 exhibits that were brought to trial.

LFP already had won a preliminary injunction against Flynt Media Corp., with Larry Flynt saying that the nephews are using his fame to sell their products and confusing its customers. With its loss in court, Flynt Media Corp. will be permanently enjoined from releasing adult videos under that name.

However, it wasn't a total victory for Larry Flynt. The court rejected his right to privacy claims, which allows his nephews to seek attorneys fees from him.

The nephews contended that they had a right to do business under their own name and that their uncle is just trying to push out a competitor.

Throughout the trial, the jurors were exposed to adult box covers and videos provided on a wide screen in front of them.

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