from www.dailynews.com – A trial will begin in Los Angeles Tuesday to resolve a dispute between wheelchair-bound porn king Larry Flynt and his nephews over use of the Flynt name on a line of adult videos.
Larry Flynt is suing nephews Dustin and Jimmy Flynt II to stop them from using the internationally known Flynt name for their new adult-video company.
According to the trademark infringement complaint filed last January in U.S. District Court in downtown Los Angeles, the Flynt nephews have advertised seven adult movies to be released under their Flynt Media Corp. company name.
Larry Flynt alleges that his nephews, who worked for him until last year, are “seeking to trade off and usurp the famous Flynt name” and trademark of their uncle in order to “confuse the public into buying their inferior products.”
Jury selection, marking the start of the trial, is expected Tuesday morning.
U.S. District Judge A. Howard Matz said earlier this year that he agreed with several of Larry Flynt’s points and ordered the nephews to place a large disclaimer on both their Web site and DVD packaging making clear the products are not in any way linked to the Larry Flynt brand.
“They don’t want to be affiliated with their uncle, but they do want to use their last name,” said Andrea M. Kimball, the nephews’ attorney.
The lawsuit states that Larry Flynt, through his various Larry Flynt Publishing companies, has used the Flynt name as a trademark since the early 1970s in connection with such entities as Hustler magazine and similar publications, adult-themed video and DVD releases, various Internet Web sites and adult-content stores.
The suit notes that Flynt was the subject of the 1996 film “The People vs. Larry Flynt,” in which Flynt was depicted “heroically championing the rights of free expression under the First Amendment.”