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View Full Version : Legal case debates classiness of Flynt family smut


samanthajane13
12-11-2009, 10:28 AM
By JOHN ROGERS, Associated Press Writer John Rogers, Associated Press Writer – 2 hrs 12 mins ago

LOS ANGELES – When it comes to peddling porn, Larry Flynt wants you to know his videos of people having sex are a cut above other smut on the rack.

So when a pair of nephews Flynt personally groomed for the porn business decided to launch their own company last year and use the family name, the creator of "Barely Legal," "Busty Beauties" and "Daddy Gets Lucky" wasted no time suing the upstarts for trademark infringement.

Flynt accused his brother Jimmy Flynt's sons in federal court of tarnishing his image by launching Flynt Media Corp. and producing a series of videos he says are nothing but cheap knockoffs.

"The junk they publish hurts my reputation, which in turn hurts my revenue," the gruff, gravelly voiced porn king testified in U.S. District Court this week, where a Flynt family feud is playing out before a stone-faced jury and a no-nonsense judge.

The four women and four men of the mostly middle-aged jury stoically viewed photos of some of the nephews' DVD boxes. Images of naked, well-endowed women on the front and people in all sorts of contortions on the back, were flashed on a giant-screen TV right next to them.

A few jurors scribbled notes. Some studied the images carefully. But there was nary a snicker, a blush nor a smile.

With Judge A. Howard Matz bearing down on the attorneys to keep things moving, the jury was expected to get the case by late Friday afternoon. Flynt is seeking unspecified damages.

The porn mogul, who was paralyzed when he was shot by a white-supremacist sniper in 1978, sat in court in his gold-plated, velvet-lined wheelchair Tuesday and Wednesday.

He testified that his nephews, Jimmy Flynt Jr. and Dustin Flynt, were a pair of bumbling, incompetent employees that he only kept on the payroll for years out of a sense of family obligation.

Jimmy Jr. worked for him for 17 years and Dustin Flynt for 10, and both had risen to management positions at Larry Flynt Publications before they were fired in November 2007.

"I felt they were doing a horrible job," said Flynt, who owns Hustler magazine and other publications, operates Internet Web sites, retail stores, produces films, owns pricey real estate and even markets a line of clothing.

Their father, who isn't named in the lawsuit, is fighting his own battle with Flynt in Ohio, suing his brother for attempting to evict him from a building in Cincinnati where he operates a Hustler retail store.

Larry Flynt, whose privately owned company has been said to be worth tens of millions of dollars, testified Wednesday that he terminated his brother last year to save money for his legal battle against the nephews.

Soon after being fired, Jimmy Jr. launched Flynt Media Corp. and brought his younger brother aboard. They produced a handful of sexually explicit videos before Flynt got a court order shutting down their business pending the outcome of the lawsuit.

Jimmy Jr., 37, and Dustin Flynt, 34, testified that when they named their company and began producing videos with "FLYNT" in large letters on the boxes they had no intention of being confused with their uncle.

Although not household names to mainstream audiences as their uncle is, both insisted they are celebrities within the more insular world of porn and would be quickly found out if they tried to pass their work off as his.

"There was nothing to gain in trying to trick the trade," said Jimmy Flynt Jr., who bears a striking resemblance to his square-jawed uncle.

They also said their videos are classy, the design of the boxes less cluttered and more modern than what their uncle's company puts out and the sex is done tastefully.

"With the new line we are looking to bring back the class and elegance of erotica," said Dustin Flynt.

For his part, Larry Flynt acknowledged that although he long ago trademarked his well-known Hustler brand, he never got around to trademarking his name.

"I just never heard of someone using someone else's name," he said.

Still, he said, that name often appears on Hustler-produced videos, frequently on the top of the box, in the words "Larry Flynt's Private Collection."

And that, Flynt and his lawyers say, is an assurance to purchaser that they're getting the highest-quality porn their money can buy.


http://news.yahoo.com/s/ap/20091211/ap_en_ot/us_porn_family_feud

samanthajane13
12-12-2009, 04:27 AM
Flynt wins partial victory in fight over his name
By JOHN ROGERS, Associated Press Writer John Rogers, Associated Press Writer – Sat Dec 12, 12:19 am ET

LOS ANGELES – The porn family feud that played out in federal court this week ended in a draw Friday when a jury ruled that Larry Flynt's estranged nephews infringed on their famous uncle's trademark when they launched their own smut business, but did not invade his privacy and were not liable for the substantial attorney fees both sides rang up.

The jury of four men and four women rendered its verdict after a four-day trial, during which they sat next to a big-screen TV that was used to repeatedly display blown-up photos of porn DVD boxes featuring naked women on the front and people engaged in all sorts of contortions on the back.

They listened as Flynt, who was paralyzed when he was shot by a white-supremacist sniper in 1978, sat in his gold-plated, velvet-lined wheelchair on Tuesday and Wednesday and testified that in the porn business his name stands for quality. His nephews, he said, were besmirching it by putting that name on "trashy" adult movies.

"The junk they publish hurts my reputation, which in turn hurts my revenue," the gruff, gravelly voiced porn king testified.

As both sides debated what constitutes an elegant sex film as opposed to a trashy one, jurors sat stone-faced, observing posters for films with titles like "Hot Showers" and "Sex at Your Service."

After about three hours of deliberations Friday, they concluded that Flynt's nephews, Jimmy Flynt Jr. and his brother, Dustin Flynt, did indeed infringe on their uncle's trademark when they produced films with just the word "FLYNT" in large capital letters above the titles.

At the same time, the jury rejected Flynt's contention that his nephews invaded his privacy, a ruling their attorney, Dan DeCarlo, said holds Flynt responsible for all attorney fees.

Overall, both sides claimed victory.

Flynt's attorney, Mark Hoffman, said all his client wanted was to maintain his good name in the porn community, adding that he never asked the jury for monetary damages.

"This has been very hard on Mr. Flynt," he said. "He never wanted to go this far. All he wanted to do was the right thing."

Meanwhile, Jimmy Flynt Jr. said he has already launched a new Web site that he believes meets the requirements of the jury's ruling. Called flyntnation.com, it contains both his and his brother's first names, as well as the disclaimer, "Larry Flynt is not affiliated with and does not endorse this."

"No one wins in this thing," said Jimmy Jr., who bears a striking resemblance to his square-jawed uncle. "It's sad that the family is in this dispute, but we felt strongly that we should be allowed to use our name in our business."

The nephews launched their own company after their uncle fired them from executive positions at Larry Flynt Publications in November 2007. Jimmy Jr., 37, had worked there for 17 years, starting in the mailroom. His 34-year-old brother had been there 10 years.

"I felt they were doing a horrible job," their 67-year-old uncle testified.

Larry Flynt, who started in the porn business more than 40 years ago, owns Hustler magazine and other publications, operates Internet sites and retail stores, produces films, owns pricey real estate and even markets a line of clothing.

Although his privately held company is said to be worth tens of millions of dollars, he fired his nephews' father, Jimmy Flynt Sr., last year, saying he needed to save money to sue Jimmy Sr.'s sons.

"I told him that this lawsuit was going to be expensive to finance it, and the only way I could was to not have him working for the company," Flynt testified during the trial.


http://news.yahoo.com/s/ap/20091212/ap_on_en_ot/us_porn_family_feud