A fictional porn character has provoked a nonfictional trademark infringement lawsuit.
Adult content site Mac & Bumble's parent Online Creations sued model Michelle McCurry and her SW Fantasies May 6, for what Online Creations considers misusing its Barbie Griffin creation, by continuing to use the character's name beyond the terms of her contract with the company.
A published report indicated that Online Creations claims unfair competition, common law trademark infringement, dilution of trademark, and infringement. The lawsuit was filed in federal court in Philadelphia, though potential damages sought were not disclosed.
Online reportedly paid McCurry to portray Barbie Griffin two years ago, creating Internet and DVD content featuring the character for McCurry to sell, but that McCurry – who works under several character aliases, Online said through its attorney, Scott Fields of the National IP Rights Center – used the Barbie Griffin character elsewhere in breach of her deal with Online.
