Jennifer Gaeta | Bloomberg Law L.F.P.IP., Inc. v. Hustler Cincinnati, Inc., No. 09-CV-00913, 2011 BL 270934 (S.D. Ohio Oct. 20, 2011) The U.S. District Court for the Southern District of Ohio implied license agreement between Larry Flynt, the owner of Hustler Magazine and his brother, Jimmy Flynt regarding Jimmy's use of the HUSTLER marks in conjunction with retail stores. Even though there was no signed agreement, the court found that licensee estoppel applied to prevent Jimmy from disputing Larry's ownership and/or control over the HUSTLER marks. Accordingly, the court granted summary judgment in Larry's favor on his trademark claims.
Background of the Dispute
Hustler's Corporate Structure
Well, you have to understand Hustler is Larry Flynt, you know. Everything that bears that name he has complete control of mind, sole (sic) and body. So when I think of a club, when I think of a store, when I think of a magazine, I think it's him 100 percent.
Court Finds an Implied License, Applies Licensee Estoppel
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