The opinion of the court was delivered by: A. Howard Matz U.S. District Court Judge
ORDER OF PERMANENT INJUNCTION
Based on the unanimous verdict of the jury announced and received by this Court on December 11, 2009, following this Court's Jury Instructions in this matter, it has been determined that:
A. Plaintiffs Larry C. Flynt, LFP Video Group, LLC and LFP IP, LLC ("Plaintiffs") own valid and protectable rights in the LARRY FLYNT trademark.
B. Defendants Flynt Media Corporation, a Delaware Corporation, Jimmy Flynt, II, and Dustin Flynt ("Defendants") infringed the LARRY FLYNT trademark by using a mark similar to the LARRY FLYNT mark without consent of the Plaintiffs and in a manner that is likely to cause confusion among ordinary purchasers as to the source of the goods, in violation of the Lanham Act.
C. Defendants used Plaintiff Larry Flynt's name, persona or likeness in a manner that is likely to cause confusion or to deceive consumers as to whether Larry Flynt has an affiliation, connection, or association with Defendants' goods, services or commercial activity, in violation of the Lanham Act.
Now, therefore, it is hereby ORDERED, ADJUDGED and DECREED that:
1. Effective as of the date of this Order, Defendants and their officers, agents, servants, employees, attorneys, successors, assigns, and those persons and entities in active concert or privity with any of them, are hereby PERMANTLY RESTRAINED AND ENJOINED from:
(a) any and all sale, offering for sale, distribution, promotion or advertising of any adult motion pictures, videos and DVDs, as well as other adult- themed goods and services, which contain the term "FLYNT" in any typographical format and phrase, including but not limited to "Flynt Media Corporation" and "FlyntCorp Distribution."
(b) promoting such goods and services on Internet websites.
(c) passing off such goods and services as those of Larry Flynt, the other Plaintiffs, or their affiliated companies.
2. The provisions set forth above do not prohibit Defendants from advertising, selling, marketing, promoting or distributing adult-themed goods and services that specifically contain the individual Defendants' full and actual names
(i.e. "Jimmy Flynt, II and Dustin Flynt") so long as:
(a) The font size, font color, font style and background color for the first names "Jimmy" and/or "Dustin" are at least the same font size, font color, font style and on the ...