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Jury sides with Larry Flynt over use of his name

The porn mogul wins trademark infringement and false endorsement suit against two nephews attempting to launch their own line of adult films under the family name.

December 12, 2009|By Victoria Kim

When it comes to adult entertainment, the Flynt name is not to be messed with -- even by other family members, a federal jury has concluded.

A four-man, four-woman panel sided with Hustler publisher Larry Flynt on Friday in the porn mogul's trademark infringement and false endorsement claims against his nephews, who attempted to launch their own line of adult films under the family name. The family feud was the subject of a four-day trial this week in U.S. District Court in Los Angeles.

The younger Flynts -- Jimmy Jr. and Dustin -- prevailed on two state claims, including "rights of publicity," and will receive attorney fees, said their lawyer, Daniel DeCarlo. They had put a hold on selling their films pending the outcome of the case, he said.

The brothers also had been temporarily barred from using just their last name to promote their films by an earlier court order. A permanent order will follow, attorneys said.

Jimmy Jr. said that although they may have to toss the 30,000 DVD sleeves emblazoned with "Flynt" across the top in silver block letters, the brothers will forge ahead with their business, and are confident that they will stake out a place of their own.

"No one wins in a family dispute like this," he said.

victoria.kim@latimes.com

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