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Deep Throat is Back in Court

In 2009, Arrow Productions expanded its trademark and copyright infringement suit against VCX and owner David Sutton.

At that time, Arrow filed an amended complaint to include another classic porn movie series — “The Devil in Miss Jones” — to the suit, according to attorney Clyde DeWitt.

Arrow, in its six-count amended complaint, alleged trademark and copyright infringement and counterfeiting, among other charges, over the sale of various versions of the “Deep Throat” and “The Devil in Miss Jones” movies, both produced in the early 1970s.

Arrow, in the suit, claimed it held ownership of 16 “Deep Throat” movies, as well as two “Linda Lovelace” movies. The Las Vegas company also claimed it owned six “The Devil in Miss Jones” movies.

VCX, which sells classic porn movies from the ‘70s, ‘80s and ‘90s, markets copies of “Deep Throat” and “The Devil in Miss Jones” on its website.

It was Arrow Productions that fired the first shot in the legal squabble between the two companies when it re-released “Debbie Does Dallas” and “The Devil in Miss Jones,” two videos that were re-released in 2006 by VCX.

The suit was filed at U.S. District Court in Las Vegas, and sought an order requiring VCX to stop selling the movies and to turn over to Arrow any inventory, as well as DVD labeling and packaging. The suit also seeks a recall from consumers all such movies it has sold.

Here’s where we stand: The battle continues. According to reports by www.xbiz.com Arrow Productions owner Ray Pistol recently scuttled a settlement between the two companies just days after both parties informed the court an agreement between the two adult companies had been made in the copyright suit.

As a result, the case goes back on the docket because Arrow attorney Clyde DeWitt, in a brief to the court, said that in a second meeting over settlement terms with Pistol it became apparent there had been a mutual mistake between client and attorney.

“It was clear from the meeting that Mr. Pistol never agreed to a highly material term of the settlement agreement,” DeWitt told the court. “There never was a meeting of the minds between the parties as to the subject, material term.”

“There was apparently miscommunication between Dewitt and Pistol concerning acceptable settlement terms,” according to a reference in the brief.

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