A permanent injunction, awarded by a Federal jury last December, should be the end of the Flynt v Flynt drama but it isn't.
Larry Flynt, publisher of Hustler and owner of LFP Inc. has been embroiled in a battle over name infringement with two nephews that want to launch a company named Flynt Media Corp.. Mr. Flynt's legal team told the judge that they should not be ordered to act as the nephew's "compliance officer" and wants the court to demand the two turn over approximately 50 websites to Mr. Flynt's company.
Lawyers for nephews, Jimmy and Dustin, argue the terms of the injunction are too broad and unjustified and want the order amended. They claim the nephew's company, Flynt Media Corp. should not have to transfer all domains containing the name "Flynt" that aren't affixed with the first names of the nephews. They state they should be able to keep domains such as FlyntBank.com and FlyntBrothers.com as the case was never centered on cybersquatting and “can be used for websites that have nothing to do with adult entertainment and therefore clearly fall out of the scope of the issues in this case.”
Attorneys for Mr. Flynt say the "Flynt-only" names infringe upon or could be confused with Larry Flynt and his interests.
Mr. Flynt's legal team believe the nephews are looking for legal loopholes in the jury award and that Mr. Flynt "simply seek(s) to foreclose such potential gamesmanship and to enjoy their well-earned peace in the matter.”
“Plaintiffs seek finality to this proceeding,” says Larry Flynt attorney Johnathan Brown. “It is neither the intent nor desire of plaintiffs to act as the compliance officer for defendants.”
Lawyer Brown points out, “Nothing in the permanent injunction prohibits defendants from using domain names such as JimmyFlynt.com or JimmyFlyntXXX.com or DustinFlyntVOD.com or any other, almost infinite number of, permutations of the same.”
The two sides of this family business battle will re-appear before Judge Howard Matz on February 8 at the U.S. District Court in Los Angeles.
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