LOS ANGELES — Flower Tucci’s counsel has indicated that the adult performer will “voluntarily dismiss” her claims against Reality Kings, LLL Advertising and others, XBIZ has learned.
Tuesday’s disclosure marks the near end for the six-and-a-half-months’ old case, where Tucci claimed that the defendants cybersquatted and infringed on her likeness.
Tucci’s attorney, Michael Fattorosi, said in a letter to Reality Kings counsel Alan Gelbard that she will dismiss the case with prejudice once he obtains co-counsel in Florida, where the case was moved to. Dismissing the case with prejudice means that the suit has been brought to end without waiving legal rights to refile the case.
Tucci alleged the defendants registered and operated a number of websites — FlowerTucci.com, FlowerTucciPix.com, FlowerTucciNude.com and Club-FlowerTucci.com, among others — and are exploiting them without her permission.
She also claimed that her Reality Kings contract was the result of “overreaching” or “overweening bargaining power” and that she never intended on working exclusively for Reality Kings or LLL when she signed the January 2007 deal.
Later, she was found to have worked on Elegant Angel shoots and was terminated as a contract performer.
The Reality Kings/LLL deal was a rich one for Tucci, who was to be paid $130,000 per year, as well as a $5,000 signing bonus and a necklace.
According to the suit, once the companies believed Tucci had agreed to the terms of the exclusive performance contract, it purchased FlowerTucci.com from a company called Aligned Acquisitions for $10,000.
Tucci, in her suit, argued that if the enforceability of the contract is fraudulent that she’d be able to nix a motion to move the court venue to Florida, where Reality Kings and LLL are based.
But the federal judge in the case ruled last month that Tucci did not demonstrate that the contract is procedurally unconscionable or unenforceable and gave the green light for the case to move to Florida.
Reality Kings and LLL were named as defendants along with Scorching Sands Inc., hosting company Net227 Inc., registrar NameCheap, as well as webmasters T. Kgels, Adam Nalepowski and Michael Puskarz.