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.
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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.
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OC Weekly Editor-in-Chief Matt Coker has been engaging, enraging and entertaining readers of newspapers, magazines and websites for decades. He spent the first 13 years of his career in journalism at daily newspapers before “graduating” to OC Weekly in 1995 as the alternative newsweekly’s first calendar editor.