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Kira Kener Website Issues Still Not Resolved: Porn History 101: Her Vivid lawsuit Involving That & STDs

Ryan Razer reports on www.lukeford.com: Luke is Back is now reporting that Kira Kener is in some sort of recovery and that she expects her website to be out sometime in January and that she’s sorry for the delay. She claims it’s now a problem with the hosting company, as if it really takes months to fix a hosting issue. Apparently she thinks we are all stupid and don’t know about web hosting issues or remember the 19 other reasons she has given in the past 4 years about the delay of her official website.

Kira Kener is much older now than when she was first signed with Vivid. This is not to say there isn’t a whole cougar marketing opportunity for her but she isn’t the young, hot thang Vivid promoted and the fans she may have gained from those days. She was young and hot then and all the content she ever had out there, including her movies and photo sets may leave people surprised to see the newer, older her. She really missed a big window of opportunity when leaving Vivid by not launching her website. For years she’s been saying it would be launched and each time there is some new, odd excuse.

I heard many great stories about Kira Kener over the years like that once she was contacting some Mac and Bumble affiliates demanding they remove her photos, that were actually photos of Kira that she did for that website and they had every right to display them. I also heard that she was a bitch on the set of her movies, she was impossible to work with, she was fake to her fans, treated the other Vivid girls horribly and so on and so on but damn this new website thing really has me confused. Why would anyone who claims to be so smart blow such a great marketing opportunity?

Are perhaps the rumors of alleged drug abuse ringing true? Is the real reason for all the delays because I can’t imagine anything else would get in the way. Can’t imagine why anyone would piss off their window of opportunity.

…..

From Wikipedia: In 2005 Kener filed a lawsuit against Vivid Video for wrongful termination, breach of website agreement and federal trademark dilution. The lawsuit included allegations of unsanitary health conditions on a Vivid Video set and Vivid Video’s disregard for the health and safety of the performers in its films.

According to the lawsuit, Kener was infected with a sexually transmitted disease after using a sex toy in February 2004.

The suit was settled in April 2007; terms of the settlement were not disclosed.

…….

[From Raincoatreviews.com]

1. Vivid’s contract with Kira provided that she would receive 50% of memberships [from her website] sold after refunds, chargebacks and costs. Vivid provided accountings from 08.01 to 07.02. Kira alleges the accounting statements were inaccurate — basically that Vivid was shorting her by providing her with bogus data.

2. Kira alleges that in 02.04 she was scheduled for two features and she was to be paid $11,000 flat fee for both. Director Paul Thomas required her to use a dildo during the shoot. Kira says the set was “unsanitary” and amounted to “unlawful and unreasonable working conditions”. Thomas would not permit her to take a shower between scenes (Kira often appears in multiple scenes in Vivid movies that feature her). Kira refused to do the scene without a shower and Thomas gave in at this point and put a man named Shilar in charge. Kira appears to have inspected the male talent’s cock and had “concerns”. Shilar said the guy’s cock appeared “pretty gnarly” but told Kira she was required to do the scene anyway. Kira again used a dildo and then did work with the male talent she had concerns with. Apparently this dildo was from a “Vivid box” and presumable not in Doc Johnson shrink wrap. I took this to mean it was a used dildo, however the Complaint does not expressly state this.

3. The next day she came to work crying and said she refused to do anymore scenes until she was tested. Thomas is alleged to say “there’s no time or money in the budget for testing. I’ll just call someone else to come in and work for you.” Kira was concerned she would pass an STD to others. Kira in fact did test positive for an STD and was prescribed medication. The complaint implies she may have caught the STD from the dildo notwithstanding the “gnarly” cock she also worked with.

4. On the day shooting continued, Kira attempted to obtain a copy of her website agreement with Vivid. A new employee gave her the folder upon request but Marcia Hirsh snatched it out her hands when she learned of this.

5. On 02.26.04 Kira voiced her health concerns about using used dildos on the set. Marcia Hirsh denied Vivid uses used dildos. According to Vivid dildo manufacturer Doc Johnson sends new sex toys monthly to Vivid in unpackaged form to save space. Later that day Steve Hirsh told Kira she was terminated.

6. In March of 2004 she entered into a “Termination Agreement” with Vivid. In the agreement Vivid promises to transfer the domain names kira-kener.com and kirakener.net to her, give her 10 “action stills” and one “boxcover shot” from the unreleased movies and sell her talent copies of her DVDs for $5.00 indefinitely. She also agreed not to disclose Vivid’s “production and business techniques, analysis of the market, filming techniques.” The Termination Agreement also forbid her for six months to contact employees, artists or contractors of Vivid for “roles or opportunities.”

7. Kira alleges that Vivid continues to exploit her name, trademark, likeness and identity without permission. She claims Vivid has registered many domains which are “rightfully” hers such as kira-kener.com, kirahot.com, totallykira.com etc. She claims Vivid created a comic book with drawn portraits of Kener without permission. She says her likeness has been used on websites not covered by the agreement without authorization and without any accounting. She claims Vivid continues to use her name and identity in internet chat rooms where a person pretends to be her without authorization and without accountings. And finally she claims her likeness, identity and trademark are used in other unnamed goods and services without permission and accounting.

Kira alleges that these facts in a nutshell give rise to the following Causes of Action:

a. Wrongful Termination in Violation of Public Policy — an employer is required to maintain clean and sanitary conditions, particularly with regard to bloodorne pathogens and other potentially infectious materials such as semen and vaginal secretions. Kira is asking for $1,000,000.

b. Retailiation — instead of taking correction action and complying with the laws of the State of California, after Kira complained to Vivid they fired her as retailation. Kira is asking for $1,000,000.

c. Breach of Website Agreement — Vivid failed to pay Kener all monies due and provide complete and accurate accountings. Kira is asking for $5,000,000.

d. Accounting — An unknown balance is due Kener that cannot be determined without an accounting in equity. Written demands were made in the past but Vivid rejected them.

e. Breach of Termination Agreement — Kira has failed to transfer the domain names as agreed. One domain name (the .net one) doesn’t even appear to belong to Vivid — it is registered to Rabih Hmaydani of Glendale, California. Kira is asking for injunctive relief and cannot set damages at this time.

f. Violation of the Lanham Act (relating to Trademarks) — Kira registered “Kira Kener” with the USPO and Vivid continues to exploit it in Interstate commerce without her permission. Kira cites the domain names, including those that just mention “Kira”, comic books, good like condoms and posters. Said use is alleged to cause confusion and deceive as to association with Vivid. Kira is asking for $10,000,000. Kira alleges this misuse is in bad faith.

g. Federal Trademark Dilution — Kira alleges Vivid used “Kira Kener” in interstate commerce after the mark was famous and caused dilution of the distinctive quality of the mark. Kener is asking for $10,000,000.

h. Violation of Common Law Rights of Publicity — Vivid continues to exploit Kira’s right of publicity without permission. She sites the same items listed above.
i. Conversion — Vivid converted the domain names that Kira alleges her property. Kira requests $10,000,000.

j. Violation of California Business and Professions Code 17200 — this code forbids fraudulent or unfair business practices. Kira provides no details but requests $10,000,000.

k. Injunctive Relief — Kira requests the domain names to be transferred to her, injunction against creating, licensing, or exploiting goods, services or commercial activities using the registered mark “Kira Kener”, order seizing and destroying all goods to which “Kira Kener” is affixed if not authorized and a constructive trust onto all Kira Kener related revenues or profits.

Kira is requesting compensatory, punitive damages, legal costs and interest. She has requested a jury trial.

Again, the information above is what Kira is alleging. It is not to be taken as a fact. It is her burden to prove such allegations at trial. Vivid’s Answer (due within 30 days of service) is likely to be a general denial that does not get into any details. Vivid filed a Motion for Summary Judgment that was scheduled to be heard 01.16.06. I do not know the outcome of this hearing at this time. I noticed in a Protective Order related to Discovery, the trial date was initially set for October last year. Anyone know the status of this case?

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