As previously reported, a jury of his peers recently sided with Larry Flynt in his lawsuit against his nephews, Jimmy Flynt, Jr. and Dustin Flynt, finding that the nephews did not have the right to cash in on their famous uncle’s last name. The jury found that the name Larry Flynt was a valid and protectable trademark owned by the famous adult business mogul. On December 28, 2009, United States District Court Judge, A. Howard Matz, made it official when he handed down a permanent injunction that prohibits Jimmy, Dustin or any company owned by them from using the name Flynt in isolation on any adult products or services. In addition, the injunction also requires Jimmy and Dustin to turnover any “Flynt” websites utilized 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.
As a further blow to the nephews, the Judge also signed a judgment finding that they were not the prevailing parties on a state law claim for violation of Larry Flynt’s right of publicity. This contradicts previous statements made by the nephews’ lawyer, Daniel DeCarlo, Esq., that because Larry did not win on his right of publicity claim that his clients’ were entitled to their attorneys’ fees.
Larry Flynt’s trial attorneys, Mark Hoffman and Jonathan Brown, both expressed that their clients were very pleased with the result. Brown stated that “While Mr. Flynt regretted bringing an action against his nephews, he felt the principles involved could not be compromised, even for family.” Hoffman added: “Mr. Flynt’s objective from day one was to protect his name and goodwill. This case was never about money, it was about injunctive relief.”
The lawsuit was originally initiated by Larry Flynt when he learned that Dustin and Jimmy planned to launch a “FLYNT” line of adult DVDs. Larry Flynt and his attorneys quickly moved for a temporary restraining order and preliminary injunction, both of which were granted. After hearing the news of a Permanent Injunction, Mr. Flynt stated: “I always wished my nephews the best, but they have to earn their name, reputation and goodwill on their own. With the injunction, they will have to stop trying to ride my coat tails and will be forced to make their own way using their own names.”