LOS ANGELES—Vivid Entertainment, one of the world's leading adult movie studios, said today it has written a "cease and desist" letter (available at vivid.com) to mobile phone maker HTC America for its use of the Vivid trademark. HTC America is part of the publicly traded HTC Corporation, based in Taiwan.
In a letter to HTC America chief executive Peter Chou, attorney Mark S. Hoffman, a partner in the Los Angeles firm of Labowe, Labowe & Hoffman, LLP, demanded the company stop using the Vivid name "in association with the marketing and sale of a wireless device that your company advertises can surf online websites and is 'built to entertain, with movies and shows' on a 4.5-inch screen."
Mr. Hoffman said HTC America's use of the Vivid trademarks "creates the false impression that your company and your company's products are affiliated, connected, or associated with and or sanctioned by Vivid Entertainment." He added, "We believe it is possible that your company is not unaware of this conflict."
Mr. Hoffman gave HTC America until Monday, November 21 to respond to his letter and cease using the Vivid trademark or "our client will have no alternative but to pursue all legal remedies."
"For the past 27 years Vivid has worked hard to protect and build its brand," said Steven Hirsch, founder/co-chairman of Vivid Entertainment. "We believe this is a clear infringement and will use all legal remedies available to protect our trademark."
Founded in 1984, Vivid has always placed heavy emphasis on high quality erotic film entertainment and has created wide brand-name awareness through its films, innovative marketing and a licensing program that extends to advertising, apparel, book publishing, and a range of other products. TV audiences have gotten to know the company's management and talent through two seven-part series on Showtime, Debbie Does Dallas... Again and Deeper Throat. In addition to its Vivid-Celeb imprint famous for celebrity sex tapes, the company is known for its Vivid SuperXXXHeroes parodies and award-winning feature films. The Vivid website has a loyal following of fans of Vivid movies from the industry's largest archive.
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