Larry Flynt, the owner of Hustler magazine, has sued his nephews for trademark infringement. The lawsuit alleges that the nephews are using the Flynt brand name to market inferior pornographic films. His nephews, however, are also named Flynt (Jimmy Flynt, II and Dustin Flynt), and so they are contending that they are simply marketing their films under their own surname. Interestingly, from what I am able to ascertain from the USPTO’s public records, both parties have apparently filed trademark applications for the brand name Flynt. Thus far the USPTO has refused to grant registration to either party for the Flynt brand name on the basis that it is merely a surname.
Larry Does Trademarks
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