Larry Flynt Wins TRO In Trademark Infringement Case Against Midway Venture, LLC
November 4, 2010
Recently, Judge David O. Carter of the U.S. District Court Central District of California granted a temporary restraining order in the case of LFP IP, LLC, LFP Publishing Group, LLC and Larry C. Flynt v. MIDWAY VENTURE, LLC.
The ruling, orders that the defendants, who have operated an adult night club as Larry Flynt’s Hustler Club in San Diego California, are restrained from using the trademarks “Larry Flynt,” Hustler,” or “Hustler Clubs” in the operation of their club. In their lawsuit, the Flynt parties have alleged that the Defendants are unlawfully operating an adult nightclub in San Diego, California without their consent.
Prior to filing suit, Flynt’s lawyers sent cease and desist letters demanding the immediate halt to the operation of the club as a Larry Flynt’s Hustler Club. Midway ignored these demands. Flynt’s lawyers filed suit on his behalf on October 13, 2010, alleging, among other things, trademark infringement against Midway and the other named defendants. Midway and the other defendants have denied the allegations being made by Flynt and his companies.
In the decision handed down today, Judge Carter found that the Flynt parties have demonstrated a likelihood of success on the merits, and that they would suffer irreparable harm if Midway were allowed to continue to operate as a “Larry Flynt’s Hustler Club.” A temporary restraining order was issued, and the parties are to appear before the Judge on October 29, 2010 to argue the Flynt parties’ pending motion for a preliminary injunction.
“We are extremely pleased,” said Michael H. Klein, President of LFP. “We applaud the court’s commitment to enforcing our trademark laws, and look forward to permanently enjoining this type of conduct,” Klein continued. “This decision is a win not only for Hustler and Larry Flynt, but for all companies burdened by trademark infringement.” When reached for comment, Attorney Jonathan Brown, one of Flynt’s attorneys, stated: “It is always upsetting to a client when someone else is using your name or trademark without permission. This dispute is not over, but we are happy that we could quickly obtain an Order from Court enjoining the Defendants from further deceptive use of the famous Larry Flynt and Hustler trademarks.”
