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TOYOTA MOTORS SALES U.S.A, INC SEEKS LEGAL ACTION AGAIN EBOYS FOR THEIR STAR "LEXUS"
By: William Lopez, Staff Writer 12-05-07 9:23 a.m. PDT
We just received this hot news flash from Daniel Grangier President and CEO of EBOYS Studios in Switzerland. Dan told JRL.."As the Owner & CEO of Eboys Studio S.A. & EboysStudio.com;" I would like to inform our Partners, Customers and Friends in the Gay Adult Industry that on November 7th 2007, Eboys Studio received an official letter from M. Eric T. Fingerhut (Attorney at Law) from HOWREY LLP Law Offices in Washington DC, representing Toyota Motors Sales USA., Inc in regards of 2 Eboys Studio DVD’s “SpunkLand” (Line Eboys) & “CumEaters” (Line Tabou) featuring one of our very successful Star “Lexus” [featured on the DVD cover of “SpunkLand”].
In a letter addressed to Eboys Studio, Toyota Motors claims that the name “Lexus” is a trademark of Toyota Motors and by using “Lexus” in connection with adult films, Eboys Studio is in violation of § 43 (c) of the Federal Trademark Act, 15 U.S.C. § 1125(c) and tarnishes Toyota’s business reputation.
Toyota Motors is demanding that Eboys Studio (1) immediately and permanently cease all use of “Lexus” in connection with adult films (2) immediately delist the 2 DVD’s from our website official website EboysStudio.com and its affiliates (3) immediately remove all DVD packaging displaying the name of “Lexus” (4) Eboys Studio should ensure these films are no longer advertised and sold by Eboys Studio’s Customers. If we do not comply, Toyota may have no choice but to take legal action in order to protect itstrademark rights.
When I received this letter, at first I was laughing! Our model selected his stage name in reference of the God “Lexus” from the Greek Mythology. At no time, his idea was to “steal” the name of a luxury car. I’m an adult movie producer and not specialized in trademarks; but what gives the right to a US Company to trademark the name of a Greek God and prohibits its use for any other line of business worldwide? I guess, only a Judge could answer that question! Eboys Studio produces adult movies and is obviously unrelated with Toyota’s industry. Our model “Lexus” has the face and body of a God. The use of a Greek God was a great choice!
My first impression was:” Is Toyota trying to impress and scare me or is it just a
Homophobic Act? Why such a big company like Toyota Motors would be worried about a company like Eboys Studio?
After talking with our Attorney M. Marcus Batista from Parker Stanbury LLP in Los Angeles, I should say: ”I’m not laughing anymore” Dan told JRL.
"This is a serious matter! Toyota Motors is very serious about this and it’s not the first time they sue an adult business or a Porn Star regarding a trademark.
Dan continued to tell JRL, "Our Attorney,
Marcus Batista is now in negotiation with Toyota’s Legal Team regarding this issue. In a letter sent to Eric Fingerhut on November 21st 2007, we have informed that Eboys Studio accepts to comply with some of Toyota’s demands but we will not ask for a worldwide recall of “SpunkLand” and “CumEaters”
his will be very damaging for Eboys Studio and our Customers. The Movie “CumEaters” was one of our biggest hit and made huge profits on AEBN. Such recall for those two titles will cost at least $100’000 and more.
If Eboys Studio and Toyota Motors cannot reach an agreement, Eboys Studio will have no other choice but to go to legal action. We will defend our case and our rights. A Judge would have to decide if such trademark can prohibit us to use the name of a Greek God “Lexus” in our movies.
If you have “SpunkLand” & “CumEaters” in stock, you DO NOT have to worry! You can keep selling those movies. We will fight for what we think is an “abusive trademark” issue and our Attorneys will defend and protect Eboys Studio’s rights. The right to use a name from the Greek Mythology as the Star of our Movies!
