CINCINNATI (CN) – Larry Flynt can seize funds from a bank account belonging to his brother under the terms of a permanent injunction in a long-running trademark dispute over the Hustler name.
Jimmy Flynt opened Hustler Cincinnati in 2000 but did not pay for the privilege of using the name made famous by his brother’s magazine.
After Larry Flynt sued to cancel his brother’s use of the mark, U.S. District Judge William Bertelsman ruled in October 2011 that Larry could collect licensing fees from Jimmy for the trademarks used at the downtown Cincinnati store.
The court mulled proposed permanent injunctions over the next several weeks, and Judge Bertelsman signed an order on Dec. 30 that prevents Jimmy Flynt and Hustler Cincinnati from using any Hustler trademarks, including the slogan “Relax … it’s just sex.”
Jimmy Flynt has two years to legally change the name of Hustler Cincinnati so that it does not contain any reference to his brother’s empire. The store can still market and sell authentic Hustler merchandise, according to the four-page injunction.
Bertelsman also ordered PNC Bank liquidate a certain account and disburse those funds to Larry Flynt. The funds in the account were escrowed from Jan. 28, 2010, to Oct. 31, 2011.