‘Hustler’ Publisher Larry Flynt Says Younger Brother Infringes

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Publisher Larry Flynt sued his younger brother for trademark infringement.

According to the complaint filed July 3 in federal court in Fort Myers, Florida, Jimmy R. Flynt and his Jimmy Flynt Sexy Gifts-Naples LLC are accused of infringing trademarks belonging to his older brother.

Larry Flynt, publisher of the adult magazine “Hustler,” objects to his brother’s use of the Flynt name on his shop, which sells sexually oriented merchandise. He said in court papers that his dispute with his brother and other members of his brother’s family is ongoing and that he has successfully filed trademark suits against his relatives in the past.

He said “despite two prior court decisions prohibiting Jimmy and his sons from using the Flynt marks, Jimmy has willfully and deliberately infringed” by promoting a new Florida store as “Flynt Sexy Gifts” without using his full name of any disclaimer.

Jimmy Flynt is accused of trying to piggyback his business ventures on the fame and goodwill associated with his brother’s trademarks. His actions have tarnished the Flynt trademarks, Larry Flynt said in the complaint.

He seeks a court order barring his younger brother’s use of the Flynt name in connection with the sale or distribution of adult-themed goods, and for the destruction of all infringing products and promotional material. Larry Flynt also asked for awards of attorney fees, litigation costs, and money damages, and asked that the damages award be tripled and extra damages added to punish Jimmy Flynt for his actions.

Jimmy Flynt didn’t respond immediately to an e-mail sent through his website seeking comment.

The case is Larry C. Flynt v. Jimmy Flynt Sexy Gifts-Naples LLC, 2:13-cv-00493-JES-UAM, U.S. District Court, Middle District of Florida (Fort Myers).

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