Showtime begins airing a reality series this weekend [produced by World of Wonder] about Vivid's re-making of the movie Deep Throat. But odds are you won't be seeing the other reality series going on right now between the lawyers of Vivid and Arrow Productions.
To explain, Wednesday morning TMZ broke a story that Arrow's Ray Pistol [pictured] had sent Vivid's Steve Hirsch a cease and desist letter over the use of the name Deep Throat www.adultfyi.com/read.php?ID=32862
In the January 21, 2009 C&D letter sent by Pistol’s attorney Allan Gelbard to Hirsch’s attorney, Michael Weremblewski of the firm of Lipsitz, Green, Scime & Cambria, Arrow, according to an agreement signed January 1, 2008 with Vivid, had the right of first refusal to the new movie but was not given it, according to Gelbard. Hence, contends Gelbard, Vivid's in breach of numerous provisions of the agreement.
Vivid is calling its movie, “Throat A Cautionary Tale”, and, according to Gelbard, Arrow considers the inclusion of the word “Throat” to be a violation of Arrow’s federally registered Trademark and contractual rights.
According to Gelbard, Arrow was to have had an exclusive first look at Vivid’s completed work before the work was “exploited” in any manner by Vivid. Gelbard says the terms of the agreement were that Vivid once it had determined the work was completed, was to have provided Arrow with a DVD copy along with a written notice stating Vivid’s final budget and a notice of submission.
Gelbard states in the letter that Arrow received neither the DVD copy nor the required notice of submission. However Vivid, Gelbard further adds, held a screening party for invited guests during the Adult Entertainment Expo in Las Vegas to promote the work.
Gelbard calls this an “incurable material breach of the Agreement.”
Gelbard is also asking Vivid to now provide a DVD copy along with the budget and notice of submission and allow Arrow a Ten Day option. In the meantime, Vivid is not to take any further steps to promote the work nor show it to any additional parties.
Were Arrow not to exercise its options, Gelbard further states, Vivid then has to remove the word “Throat” from the title. Gelbard also demands that all remedies to the breaches be taken care of by February 21, or 30 days from the date of his letter.
