Hustler magazine boss Larry Flynt has been awarded an injunction that prevents his nephews from cashing in on his name in the porn industry.
The publisher sued Flynt Media Group's Jimmy and Dustin Flynt for using the family name to start a new porn enterprise without his permission.
In agreeing to give Larry Flynt his day in court in September (09), federal judge A. Howard Matz stated that, "Given Larry Flynt's fame and (the) defendants' use of the slogan 'You Know the Name' in promoting their products, a jury could reasonably find that (the) defendants' use of 'Flynt' was a knowing use of plaintiff's name, or a use of his identity."
In filing his suit earlier this year (09), Larry Flynt stated he feared Jimmy and Dustin Flynt "will produce and inferior product" that would tarnish his name.
He said, "To come into the adult entertainment business and use my name not only confuses people who buy my products... it could also hurt my name."
But the brothers insisted, "It's our turn to be successful in this business."
Ironically, the Flynt boys worked for their uncle for more than a decade before the Hustler boss fired them for being unproductive.
The federal court issued a preliminary injunction against the nephews, restricting their use of the Flynt name, and now they won't be able to use it at all.
In court on Monday (28Dec09), it was ruled that the nephews did not have the right to cash in on their famous uncle's last name. A jury found that the name Larry Flynt was a valid and protectable trademark owned by the famous business mogul.
The new injunction also requires Jimmy and Dustin to turnover any Flynt websites utilised by the nephews, place a disclaimer on any of their websites and products, and to destroy their inventory of materials that bear the name Flynt in isolation.
Flynt's attorney Jonathan Brown says, "While Mr. Flynt regretted bringing an action against his nephews, he felt the principles involved could not be compromised, even for family."