Gay Porn Maker Wants Its Black Dildos Back

Categories: Court, Film, XXX

All rise ...
A West Hollywood moviemaker of gay porn is suing a Chatsworth adult products manufacturer in Santa Ana federal court for giving it the shaft.

Actually, for NOT giving it the shaft. Rascal Video, whose stable of titles includes the popular "Chi Chi Larue's Black Balled" series of flicks, is suing WSM/Topco for alleged trademark infringement, unfair use of the name "Black Balled" and violation of a previous agreement over who gets to keep dildos and molds from the Rascal's Black Balled dildo line.

Courthouse News has the scoop.

Rascal had a licensing agreement with Vast Resources, which did business as Topco Sales and, for the purposes of the litigation, is referred to as "Old Topco." That's because Vast Resources went bankrupt and all assets were told to WSM Investment, referred to in court papers as "New Topco."

Among the assets New Topco received were molds and products in inventory under the Rascal mark, including--you guessed it--Black Balled dildos named after the porn series. New Topco claimed it had the right to make and distribute those goods, Rascal disagreed in a previous lawsuit and both sides settled in February 2013.

Rascal claims the settlement had WSM agreeing to turn over a list of all Rascal products and molds in its inventory as well as the molds and products themselves. The new complaint alleges that was not done, that WSM continues to make and distribute dildos using those molds, and that New Topco continues to copy the logo of Rascal's Black Balled packaging.

The movie company demands an accounting, an injunction, delivery of the molds and dildos and unspecified damages for trademark infringement, breach of contract, false designation of origin and unfair competition.

Email: Twitter: @MatthewTCoker. Follow OC Weekly on Twitter @ocweekly or on Facebook!

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A trademark is a trademark no matter what the subject or product is. Just because vast resources went bankrupt and their assets absorbed by an investor doesn't put new topco in the position of Owning the trademark.   New topco received product owned and created by Rascal with their trademark then distributed it w/o compensation to Rascal. The creator of the product owns the rights to it. Infringement is infringement no matter how hypocritical and puritanical american idealists input a moral twist on the validity of the matter



No arguments from me. Regardless of the type of product in question, its creator has the rights to it. The jokes were to blow off some steam (pun intended). Cheers.

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