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Penthouse Sued over Route 66 Movie

Remember in the good ol’ porn days when Nabisco sued Al Borda out of existence over the Whoreos trademark violation? And Warner Brothers did basically the same with Mad Dad Dan and HIP Video over Splatman which they considered a trademark violation of Batman? And wasn’t it Absolut that went after Private Video?

From TMZ: “The folks who made the ’60s TV show “Route 66” are P.O.’d that Penthouse is trying to turn their beloved show into something more along the lines of “Route 69”.

TMZ has obtained a lawsuit filed in Federal Court in L.A., alleging that the porn pushers jacked the name “Route 66” to make a porno DVD that — as you might expect — features “oral and anal sex”. Roxbury Entertainment wants the flick 86’d.”

Roxbury Entertainment filed the suit June 12 in U.S. District Court for the Central District of California, claiming that director Kelly Holland’s feature infringes on the ‘Route 66′ TV show trademark in violation of the federal Lanham Act.

Penthouse got a cease and desist May 12 demanding that they discontinue the manufacture and sale of the movie.

Penthouse refused to comply, arguing that the use of the title and the highway logo on the DVD box was fair because it fit the theme of the story: “road-related adventures transpiring on or around Route 66.”

Roxbury’s attorneys took issue with that statement.

“The content of defendants’ pornographic DVD contains no ‘story’ or ‘road-related adventure’ transpiring on or around Route 66,” they replied. “Rather, the film is pure pornography with no more than a few seconds of dialogue (making no reference to Route 66 or adventure on the open road) preceding the oral and anal sex between and among various men and women.”

The suit demands that all copies of the DVD be pulled from the market and destroyed. The suit additionally seeks punitive and compensatory damages and an injunction to prevent the porn companies from issuing further releases using the ‘Route 66’ title.

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