Thanks for the info.

DenverDon

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Thanks Dion

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We're behind you Dion & PXP!

Maybe Chris is getting back at you cause
all his directors left for your company.

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Max Booty
"With little power comes little responsibility."

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Edited by - Ramsey on 7/26/2003 3:53:37 PM

Edited by - Ramsey on 7/26/2003 3:55:41 PM

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Darth-Morpheous
adultdetective.com

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I got a different take on Dion's post than you did. There are bits and pieces and innuendos on other sites around the web.

My take, Dion was just saying "a letter was served, yes the scene exists, we are re-editing the scene but not stopping distribution." He never hinted at boycotting or not getting Ana/Dia products, it seemed more just a statement of facts.

Regarding Steve, Steve is very capable of talking for himself. I came across to me as more just repeating what Dion heard or something Steve may have said to him. Dion never came across with "I am advising Steve to not work for them anymore" or anything similar.

Steve's involvement in other projects is covered by other posters, and it makes sense in light of those involvements that Steve probably isn't even interested in performing any more for Ana/Dia, especially after the current incident.

DenverDon

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So all I want to know is whos idea was it to use that Anabolic shirt and why? It actually sounds like a childish thing only Rob Black would do ;-)

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Now I'll mouth off .

Is Chris Alexander behaving like a jilted housewife or what? How petty can you get? I mean, I'm rooting for the wwweirdness of Chico Wang to either save Anabolic/Diabolic's reputation or Utterly Destroy Porn As We Know It (either option is fine with me). But trying to compensate for your lame-ass business policies driving away all your top talent by firing off cease-and-desist orders to the competition not only creates a breach in the talent flow (as PXP and RLD have a lock on so many top-notch porn studs who now own/direct their own lines), so there's a lot of talent that [won't be in Ana/Dia titles anymore, but it also just makes him look like a desperate, defeated man. A hot EuroBabe wearing an Anabolic T-shirt in a movie from another company built by former employees? Sounds a like a "shout-out" to me. Not a red flag in front of a wounded and bleeding bull staggering on its last, crippled legs. Anyway, this really makes me lose a lot of regard for Anabolic, even though some folks there (like Cal, WW and Strong) seem to be working hard to keep the "romance" flowing. I don't know, I just don't know. It's too bad.

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It seems even sillier on Chris's part to get upset over some free advertising. It might be a different case if the Anabolic T-shirt was used in the movie to make derisory or negative comments about them, but that doesn't seem to be the case. It just happened to be worn.

It never bothers me to see Dior, Calvin Klein, or even the Tommy Hilfiger labels and logos in some of Jules Jordans movies when they appear.

DenverDon

Edited by - DenverDon on 7/26/2003 4:25:59 PM

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I like to hear someone from A/D on this
matter. Cal? Chico? Chris?

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This would need to be the top dogs at Anabolic. Not Cal, and probably not Chico.

DenverDon

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I didn't know that.

DenverDon

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Considering that many of the RLD/PlatX directors and talent used to do the vast majority of their work for Anabolic and left for greener pastures. Is it possible that this footage was originally shot with the intention of being distributed through Anabolic?

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The thing of it is, I don't think RLD has improved on Ana/Dia's style -- for the most part, their set ups are less interesting. But they have been getting better and better, and they kick the living shit out of the competition in the DVD packaging department: Tons of previews, bonus footage, behind the scenes, and very well laid out design.

Evil Angel still rules supreme -- but they have a more rational production schedule. RLD is kicking something out every week! Which is also where they kill. Believe me, I am pining for the first avalanche of Ana/Dia DVDs that boast the bonus footage, and all the wacky Wanker whackery-jackass hijinx in their full flatulent effect, but it's pretty clear who's taken the lead in Gonzo Land.

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DenverDon

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Cal - edit bay, Chico - director, but they are not owners and the letter appears to be from the owners, who are the ones that can start legal actions.

DenverDon

Edited by - DenverDon on 7/26/2003 4:49:17 PM

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Yves was wearing an Anabolic T-Shirt.

Mike John keep up the great work! Cum Dodging #1
kicked ass!

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On what grounds can/are Anabolic sueing PlatX? Is it against the law to wear branded garments in films/videos without the garment manufacturer/brands consent?

SNP.

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Here, it seems likely that if Platinum told Anabolic to shove their cease-and-desist letter up their ass, Anabolic wouldn't do anything. Chris would have a meeting with his lawyer, who would explain how much it was going to cost to sue Platinum, and how much of a retainer he'd need, and Chris would say, "uh, let me get back to you on that," and that would be that.

Still, from a risk-avoidance standpoint, it probably makes more sense for Platinum to do the very minor editing needed to mask the Anabolic logo in the scene in question.

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Another interesting point that comes to mind is, where does Anabolic cease to be just a porn company and becomes also a clothes brand. Did not Camel cigarettes get around an advertising ban by claiming their clothes brand should be treated seperately? The reason I ask this is on account of, as you say, it being the same line of business (or not if you would regard the Anabolic logo on a t-shirt, part of a range of branded clothes, as some kind of allied clothes brand in its own right).

When I look at this it does not seem as if PlatX is in any way trying to hoodwink the consumer and feeding off Anabolics reputation; the t-shirt is not being used in any way other than the purpose for which it was designed and sold, that being to cover the torso. I am not conversant with the Harley-Anabolic case but I can see a glaring difference in that whilst Harley could claim they would not wish their product associated with porn this is hardly something Anabolic could reasonably suggest.

As you can probably tell, my legal knowledge on all of this tends toward zero but there seems something fundamentally wrong if you can sue anytime someone wears a recognisable branded garment on film/tv.

SNP.

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Does Trademark infringement not occur when someone else uses a trademark which is the same as or similar to your registered trademark for the same or similar goods and/or services ? I know little of this but, if that is right, then I think, without more, there be nothing in this, at least on this side of the pond.

Although the multinationals do like to write their letters they (as in the general business community) didn't get far with the web names either when the targets were legitimate businesses.

The metatags seemed to be a different story....you're much more likely to get burned on those. Oh yes...

Z.

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Edited by - bono-ONE on 7/26/2003 8:29:27 PM

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1. On the surface, this lawsuit sounds frivilous. I don't think Anabolic would suffer any real damages from this alleged infringment. Nominal damages only might be pretty weak.

2. It sounds to me like free advertising. I don't think it would cause any confusion with the public. MAYBE it would if it was displayed prominently on the front cover. Even then, that's a stretch.

Hell, if I owned a studio, I might love it if other high quality porn companies were flashing my name and logo in front of viewers. Can't say I understand why they would want to do that... but hey, why not just enjoy it if they did?

3. If they want to try and win the litigation sweepstakes through intellectual property law, why not spend time going after bootlegers who really do hurt the bottom line. A couple of years ago on eBay I won an auction of an Anabolic disc and it was a well done fake with bogus cover, plastic wrap and everthing.

4. Sir Plum hit the nail on the head by distinguishing between mainstream products that do not want to be associated with or seen as endorsing porn and seeing the name of another porn company in a porn movie.

5. This type of conduct is not desirable to see in the industry. There's enough crazy legal situations to deal without without this kind of balony. This is only going to create bad feelings which are not worth it for such a minor thing. This is a lose-lose situation for both studios and consumers.

6. This threatened lawsuit seems to be creating a backlash with porn consumers against Anabolic who see it as unjustified and sour grapes. Not good!

7. I liked Drew's theory! Very X-Files like! :-)

-- Snowman

Edited by - snowman872 on 7/27/2003 1:13:10 AM

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As for the second scenario. That's "news" and is one of the many exceptions to trademark violations.

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Edited by - M.B. on 7/26/2003 9:31:17 PM

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Dion sorry to here you have to even deal with such trivial matters. Thanks for providing me with such excitement, without me even spending a dime. What ever became of the shirt in question?

Dion if you need to borrow the Dave Justice Louisville let me now.

Bonecrusher
Swinging the bats

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Bonecrusher
Well you know.

I hope my homework gets me an'A'

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That was truly pathetic. My sleep pattern is messed up and I must be more tired than I realize!

I hope in my reviews I can get the scene numbers down without this kind of blunder!

-- Snowman

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the reason why Anabolic wants to sue PLATINUM X PICTURES is the movie Euro Girls Never Say No. This movie is produced, directed and owned by Manuel Ferrara and me.

In this movie my friend Jean Yves LeCastel wears an Anabolic T-shirt at the beginning of one scene. Anabolic gave out hundreds or thousands of this T-shirts and people wear it everywhere in their private live and at their jobs. We didn't use the Anabolic logo to advertise our product. Only who already have the movie and watch the scene might realize it.

On request of Anabolic we re-edited the scene and the T-shirt is no longer visible in the copies sold from now on.

We didn't take advantage of their trademark and we caused no damage for Anabolic.

If they still want to sue PLATINUM X PICTURES it will only cause trouble for Manuel Ferrara and me, because we own the product and are responsible for it.

You will understand that I don't want to work for a company who wants to threat me with a legal case.

Steve Holmes

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When Red Light first started, many commented on the BLATANT
imitation of Anabolic's box design and logo. Many thought that Anabolic had a good case for a lawsuit there.

However, Anabolic did not pursue an action at that time. It's a good bet that, at this time, it would not be actionable because many in the biz have followed Dion's lead and have adapted the Anabolic style of boxcover.

In retrospect, it was really GENIUS on Dion's part and on Anabolic's part, a case of too little, too late. So perhaps
Anabolic is trying to cash in on a missed opportunity.

So Anabolic is going after PXP in an offhanded attempt to
get at Dion, an "investor" in PXP.

But, I do agree, it is rather a frivilous lawsuit... I
mean, c'mon, it's FREE advertising for Anabolic! If anyone
wants to wear an Evolution Erotica T-shirt in a movie, FEEL FREE!!!

CAN'T WE ALL JUST GET ALONG??!!!

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we at PLATINUM X PICTURES just got our own T-Shirts. Any film company who wants to dress their performers in our outfits are welcome to pick up their free samples.

Best regards
Steve Holmes

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As for AnaDiabolic, they should be more concerned about making money from releasing dvd's that porn fans want to see, like 'Un Natural Sex #9' than a bloody T-shirt

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Heck, the only reason I have an Anabolic shirt is because Aurora Snow asked if I wanted one and I could "never say no" to her.

Anyway, I hope this doesn't actually cause you guys any real trouble.

Edited by - obibong on 7/27/2003 5:54:03 AM

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