NEW YORK - Pitbull Productions Inc. has sued several retailers for "engaging in the duplication, importation, distribution and/or sale of unauthorized merchandise infringing upon copyrighted and trademarked properties," according to court documents filed Tuesday. Defendants include Vishara Video Inc.. Vihan's Video Inc. and several unknown others, none of whom could be reached for comment.
The complaint was filed in Federal Court for the Southern District of New York as a result of a broadening investigation that uncovered a counterfeiter, Pitbull spokesperson Michael Violet said Thursday.
Among the assertions in the lawsuit are violations of the Latham Act ("confusion, mistake and deception" about products) and that the defendants unlawfully used Pitbull's trademarks in interstate commerce. The plaintiff also alleges infringement of trademark constituting "false designation and false advertising."
Pitbull still is trying to determine the identities of all parties involved in the counterfeiting, illegal distribution and sale of its DVDs, Violet said.
"These egregious acts of corporate terrorism will not be tolerated, and Pitbull Productions [has] implemented every legal means at their disposal to apprehend and prosecute all those involved," he said.
Pitbull is seeking unspecified compensatory and punitive damages.
"According to industry figures, piracy is 600 percent higher for adult content than for theatrical films," said Pitbull Executive Vice President Pat Reshen. "The increased proliferation of counterfeit merchandise and DVD piracy of adult male entertainment properties has gone on for too long. The time has come to take a stand against the flood of cheap knockoffs and blatant bootlegs.
"The vendors who sell pirated DVDs are causing huge economic losses for legitimate businesses and must be stopped," Reshen continued. "Piracy of Pitbull Productions' content will not be tolerated. Unless aggressive steps are taken to stem the tide of piracy, the entire industry stands to lose millions of dollars. This suit shows our resolve and commitment to protecting our property."
Reshen said Pitbull aims aggressively
to protect its intellectual property rights and licenses and hopes the lawsuit
will send a clear message to other retailers and distributors that distributing
counterfeit or bootleg DVDs and merchandise is risky business.
Consumers and retailers are urged to contact Pitbull at to report other
retailers or distributors suspected of selling counterfeit DVDs.
Pitbull Productions is the exclusive manufacturer of Thugporn brand and Tiger Tyson brand DVDs. The studio has produced more than 50 gay adult-entertainment titles.
