Update: Flower Tucci Files a Trademark Lawsuit Against RK Netmedia et al.
by Gene Ross from his site AdultFyi.com
Flower Tucci’s ass has always been her trademark, and that’s partly what Tucci’s now suing about.
Tucci has filed a trademark lawsuit in US District Court Central District of California against RK Netmedia, Inc of Florida. Also named in the suit are NET 227 Inc of Florida; Eddie Collins, an individual, Scorching Sands Inc., a Florida Corporation; LLL Advertising, Inc, a Florida corporation; Adam Nalepowski, an individual; Michael Puszkarz, an indivdual; T. Kgels, an individual; and NAMECHEAP, Inc., a Delaware Corporation.
Representing Tucci are attorneys Michael Fattorosi and Michael D. Kuznetsky of Fattorosi & Associates.
Tucci is suing for infringement of trademark, trademark dilution, false designation of origin and unfair competition; contributory trademark infringement; cyber squatting in violation of 15 U.S.C. 1125; cyber squatting in violation of 15 U.S.C. 1129; cyber squatting in violation of California Business and Professions Code 17525; common law misappropriation of likeness and commercial misappropriation of likeness under California Civil Code 3344.
Tucci is demanding a jury trial.
The lawsuit goes on to cite claims of trademark infringement and unfair competition under the Lanham Act, 15 U.S.C., 1051 and claims under the common law and statutory law of the state of California.
Tucci is described as being in the business of providing entertainment services in the nature of live acting, dancing and modeling for adult performances, adult publications, public appearances and entertainment via the Internet.
According to the suit, Tucci has been using her performing name as early as August 1, 2002. Tucci is also the owner of United States Trademark registration no. 3,422,070 for the trademark Flower Tucci. That was registered on May 6, 2008. Tucci’s corporation is Flower Tucci Entertainment, Inc.
According to the claims, Tucci has been using her trademark continuously and extensively since first adopting it. Moreover, the suit claims, Tucci has invested significant amounts of time, effort and resources to promote her services under her trademark in commerce throughout the US and worldwide.
As a result of her extensive use of the MARK, the public has come to identify Tucci with her trademark both in the US and internationally. By virtue of her marketing efforts and expenditures and the excellence of her products, Tucci, according to the suit, has achieved a distinctive and valuable reputation and degree of goodwill.
The suit also details Tucci’s accomplishments in the adult entertainment industry which include appearances in the Showtime series, Family Business; appearances in over 400 adult movies; and the fact that she hosted two KSEX radio shows, called The Porn Hunnies and Tushy Talk.
The suit also cites various awards that Tucci, who’s gained worldwide acclaim for her squirting capabilities, has received throughout her adult career. In addition, Tucci has also worked as a spokesmodel for the LA-based clothing company Mofoware.
Tucci alleges that RK Netmedia of Florida is in the business of producing, manufacturing, distributing and selling adult motion pictures via the Internet.
The suit goes on to state that RK Netmedia does business in California and advertises its products and services there through its websites and therefore avails itself of California law. The suit also alleges that RK Netmedia had conspired with the other defendants to engage in the wrongful conduct outlined in the suit.
Defendant NET 227 of Florida, like RK Netmedia, also does business in California and avails itself of California law. NAMECHEAP does business as Whois Guard. It provides anonymous domain name registration for websites and also does business in California.
Defendant Scorching Sands is a Florida corporation and also does business in California. LLL Advertising, Inc. is a Florida corporation also doing business in California. They produce, manufacture, distribute and sell adult motion pictures via The Internet.
Defendant Eddie Collins is a resident of Los Angeles. Defendant Adam Nalepowski who resides in Poland does business in California. Defendant Michael Puszkarz who also resides in Poalnd, likewise, does business in California.
Defendant T. Kgels who resides in the Netherlands, owns, operates and controls the website domain name located at www.thumblogger.com. Kgels, likewise does business in California.
Tucci in the suit states that the defendants are liable for damages and reliefs. No figure is specified.
On or about November 30, 2008, NET 227 and DOE 1 registered the website domain name club-flowertucci.com without her knowledge, authority or consent. The website not only featured Tucci’s likeness but also links to flowertucci.com which Tucci believes is owned, controlled and operated by RK Netmedia and/or LLL Advertising and DOE 2.
According to the suit, DOE 3 and DOE 4 anonymously registered the website domain names flowertuccipics.com and flowertuccivideos.com through NAMECHEAP on or about April 3, 2007 and May 14, 2007, respectively without her knowledge, authority and consent.
Tucci believes those sites are owned, operated and controlled by DOE 3 and DOE 4. Tucci also contends that NAMECHEAP continues to provide registration for those websites which feature Tucci’s likeness while also linking to flowertucci.com.
On or about March 13, 2007, Collins also registered the website domain name flowertuccinude.com without Tucci’s apparent knowledge or approval. The site also features Tucci’s likeness and links to a web page on realitykings.com which Tucci believes is owned and operated by LLL Advertising, RK Netmedia and DOE 5.
On or about March 21st, 2007, Michael Puszkarz registered the website flower-tucci-review.com without her knowledge. This site as well features her likeness and links to flowertucci.com
On or about March 28th, 2007, Adam Nalepowski registered the website domain name flower-tucci-x.com without her knowledge. That site also features her likeness and links to flowertucci.com.
On or about April 23rd, 2007, Scorching Sands and DOE 6 registered the website domain name flowertuccisblog.com without her knowledge, authority or consent. Tucci believes that site is owned and operated by Sands and DOE 6. The site also prominently features her likeness and links to flowertucci.com.
Defendant T. Kgels, DOE 7 and DOE 8, according to the suit, then registered the website domain names flowertucci.thumblogger.com and flowertuccianal.thumblogger.com with her knowledge, authority and consent. The sites also feature her likeness and trademark.
According to Tucci, the defendants conduct is likely to cause confusion in the marketplace and that their conduct will cause potential customers to believe that their goods and service are somehow affiliated with her, sponsored or endorsed by her which they are not.
The suit also contends that the registration and redirection of websites containing her likeness and trademark is a deliberate attempt to trade on her goodwill, prestige and reputation.
Tucci alleges that the defendants conduct has caused and will continue to cause significant damages including lost sales and profits and irreparable harm.
Collectively club-flowertucci.com, flowertuccipics.com, flowertuccivideos.com, flowertuccinude.com, flowertuccisblog.com, flower-tucci-x-com, flower-tucci-review.com; flower_tucci.thumblogger.com and flowertuccianal.thumblogger.com are referred to as the infringing sites.
Tucci is asking for punitive damages, attorneys fees, injunctive relief; disgorgement of all gains, profits and advantages derived by defendants; actual compensatory damages in an amount according to proof at trial; special compensatory damages according to proof at trial and that the court award of actual damages be trebled pursuant to 15 U.S.C. 1117.
Attorney Fattorosi had no comment.
Isn’t RK Net Media Reality Kings? Their porn sucks so I can see why they would need other people’s websites to make money.
You know I have no problem with people having names like club-flowertucci.com, flowertuccipics.com, or even flowertuccivideos.com. The “affiliate” system that promotes the porn stars through the sites that pay them to make those movies is a billion dollar industry that without it, many of the girls wouldn’t be paid to do these jobs and many porn stars wouldn’t be booking scene after scene after scene however that being said, I also strongly believe that when it comes to the .com name of a girl like FlowerTucci.com, that belongs to the girl, period.
It bothers me GREATLY when I see companies do this to the girls time and time and time again.
If this company owns the .com of FlowerTucci.com they should just give it to her. PERIOD. No ifs ands or buts about it. Shame on them.
I just don’t understand why this is even an issue. This company is currently in a lawsuit themselves protecting their name and identity, yet at the very same time they turn around and do this to someone else?
good luck; established procedure and precedent for artistic & intellectual property in adult industry ain’t too established, to put it mildly.