From Tony Batman
Beverly Hills, CA – On Wednesday, September 23, 2009, the Los Angeles federal court in Larry Flynt’s lawsuit against his nephews, Jimmy Flynt II and Dustin Flynt, issued another decision in favor of the famous publisher and First Amendment advocate.
Flynt has sued his nephews and their company, Flynt Media Corp., seeking to prevent them from cashing in on his fame and notoriety. The federal court had earlier issued a preliminary injunction against the nephews restricting their use of Flynt’s famous name so as not exploit his fame.
In this latest victory, the federal court denied the nephews’ motion for summary judgment seeking to dismiss Flynt’s claims for trademark infringement and violation of Flynt’s right-of-publicity – the right of Flynt to control and profit from the commercial use of his name, likeness or persona.
In his decision, U.S. District Judge A. Howard Matz stated that “Given Larry Flynt’s fame and defendants’ use of the slogan ‘You Know the Name’ in promoting their products, a jury could reasonably find that defendants’ use of ‘Flynt’ was a knowing use of plaintiff’s name, or a use of his identity.”
When reached for comment, Jonathan W. Brown, Esq., counsel for Flynt, stated “My client is very happy with this decision, and looks forward to having his rights vindicated at trial. It is unfortunate that his nephews have chosen to attempt to enrich themselves at the expense of their uncle. He is obviously saddened by what he views as his nephews’ disloyalty, especially given all he has done for them in the past.”
The trial is scheduled to begin on December 8, 2009.