Adultcon Says Exxxotica's Trademark Is Generic, Invalid

Aug 19, 2010 2:00 PM PST
LOS ANGELES — Adultcon shot back against Exxxotica's cybersquatting claim it waged two months ago, saying its new competitor's trademarks have become generic and it has a right to competition on a level playing field.

The legal skirmish between the two franchises has its roots stemming from Exxxotica's entry into the Los Angeles adult fan-show market.

For years, Adultcon has held its show at the Los Angeles Convention Center. Exxxotica, which has shows in Miami and New Jersey, added its first show in July at the same venue.

Both shows feature exhibitors, including porn stars, showcasing products and services in the adult world.

Exxxotica, just weeks prior to its first Los Angeles show, filed suit against Adultcon, claiming it is squatting on 19 domain names. Exxxotica said it filed suit because it registered its trademark with the U.S. Copyright Office in 2008.

But in a response obtained by XBIZ, Adultcon attorney Sepher Daghighian told the court that Exxxotica's trademark is generic and not distinctive, and thus invalid and unenforceable.

"[P]urchasers do not associate the alleged mark with the [Exxxotica] alone," Adultcon's response said. "Accordingly, the purported mark is not entitled to protection under the trademark laws."

Adultcon also argues that Exxxotica, owned by New Jersey-based Victory Tradeshow Management Group, is picking on them because there are so many other infringers in the online and offline marketplace.

"[Exxxotica] has chosen to selectively enforce its purported mark and have failed to actively pursue other alleged third-party infringers, thereby limiting the scope of any protectable rights it may have in said mark," Adultcon's response said.

In addition, Adultcon counsel noted its show promoters haven't engaged in unlawful or unfair business practices.

"[E]ach and every claim asserted by the plaintiff seeking relief is moot because the [Adultcon is] not advertising, distributing, offering for sale or selling any goods or services by using the purported marks," Adultcon's response said.

The Adultcon-owned sites at the heart of the suit include Exxxotica-lv.com, ExxxoticaExpo-LA.com, ExxxoticaExpo-LV.com, ExxxoticaExpoLA.com, ExxxoticaExpoLV.com, ExxxoticaLA.com, ExxxoticaLasVegas.com, ExxxoticaLosAngeles.com, Exxxoticalv.com; ExxxoticaVegas.com; ExoticaExpo-LA.com, ExoticaExpo-LV.com, ExoticaExpoLA.com, ExoticaExpoLV.com, ExoticaLA.com, ExoticaLosAngeles.com, ExoticaLV.com, ExoticavaLasVegas.com and ExoticaVegas.com.

The suit, filed in June at U.S. District Court in Los Angeles, seeks $100,000 in damages for each alleged cybersquatted domain name.

An Adultcon spokesman told XBIZ that the company "looks forward to litigating this in court." The spokesman said he couldn't comment further on the case.

Attorney Michael Fattorosi, who represents Victory Tradeshow Management Group, did not immediately return XBIZ calls for comment.

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