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Larry Flynt Threatens His Nephews with Trademark Infringement Lawsuit

BEVERLY HILLS, Calif. – According to a story on AVN.com, www.avn.com, attorneys for Larry Flynt have sent his nephews Dustin and Jim Flynt II a cease and desist demanding that they change the name of their company Flynt Media by January 5 or else risk a lawsuit for trademark infringement.

AVN last week broke the news that the two younger Flynts planned to debut Flynt Media Corp. at the 2009 Adult Entertainment Expo with a lavish launch party.

According to the story, LFP president Michael Klein argues that the use of the name Flynt represented an unlawful attempt to “free ride” on the elder Flynt’s fame, calling the new venture an “egregious” case of infringement.

A letter written by John P. Hains on behalf of the law firm of Lipsitz, Green, Scime and Cambria said Flynt was shocked to see that the Flynt brand name was being used to go in competition against the company and suggested that the younger Flynts sign a trademark application under the company name Empire Wells in order to dodge a potential challenge from the U.S. Patent and Trademark Office.

Citing again the “free ride” comment on their uncle’s fame, the letter also demands that the brothers remove the name Flynt from their company, their video line, and their website domain no later than Jan. 5.

Jimmy Flynt II contacted AVN with an official response to Klein’s statements calling them “inaccurate and disappointing,” and that the brothers expressly deny any claims of infringement, including the allegation that they’re attempting to cash in on a famous trademark or that the name of our company infringes trademarks registered with the USPTO.

Citing several examples in which Flynt’s name is being used by affiliates, Jimmy Flynt went on to say that he didn’t believe consumers are going to confuse his FLYNT products and services with those registrations and that they were looking forward to the launch during AEE.

“We have already experienced an overwhelming response to our announcement earlier this month and anticipate generating additional excitement in the months and years to come,” Flynt further stated.

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