Adult Consumer Shows Adultcon, Exxxotica Settle Suit

Feb 23, 2011 4:00 PM PST
LOS ANGELES — Adult consumer show Exxxotica settled its cybersquatting claim against rival Adultcon, telling a federal judge that the two companies agreed to terms in the case on Monday.

Terms of the deal were not revealed at post time, but Adultcon officials told XBIZ they would prepare a statement to be disseminated Thursday morning.

Attorney Michael Fattorosi, who represents Exxxotica, told XBIZ he couldn't immediately comment on the settlement, which was filed at U.S. District Court in Los Angeles.

Exxxotica, in a suit filed prior to its first Los Angeles show last year, claimed Adultcon 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 Adultcon later noted in court motions that its new competitor's trademarks have become generic over the years and not distinctive and, further, it has a right to competition on a level playing field.

Adultcon also argued 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 said in an earlier motion.

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, Chicago 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.

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, was seeking $100,000 in damages for each alleged cybersquatted domain name.

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