In what is looking more and more like a game of cat and mouse, or perhaps a game of can you top this, international fugitive Stephen Cohen, who has been found guilty of stealing Sex.com from Gary Kremen, took the time to do a little posturing Monday.
In a phone call to AVNOnline.com, Cohen said he had no intention of giving up his fight to reclaim Sex.com, going so far as to detail his legal strategy.
“I’m not getting Sex.com back because I don't think it has any innate value to it. Sex.com is basically bankrupt. I’m doing this because it’s the right thing to do,” Cohen told AVNOnline.com. “The sex industry as a whole, in the last four or five years, has drastically changed, especially on the Internet. A lot of the big players that used to be have either sold out, moved on, or are not making the money they once made.”
Cohen, who says he is now involved in the casino and construction industries in Europe, said he plans to go back to the 9th U.S. Circuit Court of Appeals, which rejected an appeal of Kremen’s $65 million judgment against him two weeks ago, and fight the case based on trademark rights.
“Kremen gave us that opportunity last October by going back to the court and trying to get the trademark rights [to Sex.com]. The United States patent and trademark office has refused to give him the trademark because they consider me to be the trademark owner. When he did that he gave me access back into the 9th Circuit and we immediately slapped down an appeal,” Cohen said.
“I’d be very surprised if they 9th Circuit rejects this. I’d be almost shocked.”
Kremen, however, doesn’t appear to be worried.
“He’s been there already. He’s made that argument already, but that’s fair enough,” Kremen told AVNOnline.com.
If plan A were to fail, Cohen said he would appeal to the U.S. Supreme Court.
“Let’s assume that I lost all the way down the line, so what? It has no effect on me financially or any other way,” Cohen said.
“It’s now been four or five years and [Kremen has] seen penny zero from me and he’ll never see penny one. His judgment is enforceable in the United States, but outside the Unites States it’s worth as much as toilet paper.”
In the meantime, Cohen has hit Kremen with a “lis pendens,” or pending suits against Kremen’s physical properties. Kremen said he would have to go to court again to fight the actions.
As for Sex.com, the battle lives on, much like a legal version of Sherlock Holmes vs. Professor Moriarty.
“Only time will tell,” Kremen said. “He might have some good points. Maybe he knows something I don’t know.”
