LOS ANGELES - The dispute between Hustler founder Larry Flynt and his nephews Dustin and Jimmy II rose to another level last Friday, when U.S. District Court Judge A. Howard Matz issued a temporary restraining order against the nephews prohibiting them from trading on the name "Flynt" in connection with almost any use that involves adult videos.
Specifically, Judge Matz has barred Dustin and Jimmy II from "Advertising, selling and distributing adult-themed motion pictures, videos, and DVDs, as well as other adult-themed goods, which contain 'FLYNT' in any typographical format and phrase, including 'Flynt Media Corporation' and 'FlyntCorp Distribution'"; from "promoting such goods and services on Internet websites, including but not limited to www.flyntdistribution.com and www.flyntcorp.com"; and from "passing off such goods and services as those of Plaintiff Larry C. Flynt at the AVN Adult Entertainment Expo 2009 in Las Vegas, Nevada and elsewhere."
Specifically excluded from the judge's order, however, are any adult-connected advertising, sales and distribution uses of the defendants' "full and actual names" as long as such uses "also state in conspicuous terms that Larry Flynt is not affiliated with the product and does not endorse it."
Judge Matz's Order also called for Larry Flynt to post a corporate surety bond "as a condition of the further force of this Order," and requires that the defendants or anyone else wishing to respond to or oppose the TRO to file such opposition by email no later than Thursday, Jan. 15 at 5 p.m..
