Arrow Productions' Infringement Suit Over 'Lovelace' Is Tossed

Aug 26, 2014 4:45 PM PST

NEW YORK — A federal judge yesterday tossed a suit waged by Arrow Productions against the producers of "Lovelace," the 2013 Linda Lovelace biopic made for a mainstream audience.

Arrow Productions claimed in its $10 million suit that the Weinstein Company production infringed on its iconic “Deep Throat” movie in three scenes of the non-pornographic movie. The Las Vegas adult company also alleged trademark infringement violations.

Last year, Arrow Productions, which owns the rights to the classic 1972 porn movie, had sought a court order to hold up its release but was denied.

In yesterday's ruling, U.S. District Judge Thomas Griesa entered a judgment for defendants and dismissed Arrow Productions' complaint in its entirety.  

"The court concludes that defendants’ recreation of the three scenes from 'Deep Throat' constitutes fair use," Griesa ruled. "Thus, defendants have not infringed upon plaintiff’s copyright protected material."

As for trademark claims, Arrow Productions had set forth allegations of both dilution by blurring and dilution by tarnishment. But Griesa shot those down, too.

Amanda Seyfried plays Lovelace in the film, which documents the "Deep Throat" starlet's transformation from adult superstar to anti-porn activist.

"Lovelace" premiered in January 2013 at Sundance Film Festival and was later picked up by an independent distributor. 

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