Roxbury Entertainment, the same folks that are re-releasing the original “Route 66” television show on DVD, has filed a federal lawsuit against Penthouse for using the words “Route 66” to market a pornographic film and DVD, reports Courthouse News Service.
You can read all the — ahem — dirty details with a copy of the lawsuit here (don’t worry — save for a few clinical details about the porno flick, it’s tame).
Roxbury, as has been reported here, acquired the rights to the “Route 66” TV show some years ago and is producing a new film based on it. It accused Penthouse of using its “Route 66” trademark to peddle “grossly inferior products, poorly produced pornography with virtually no storyline, dialogue or acting.”
Penthouse defends its use of “Route 66” under fair-use laws.
I honestly don’t think Roxbury has a prayer in prevailing in this suit. The porn DVD’s cover art and logo bear no resemblance to the original TV show. Also, it’s my understanding that Route 66 itself is so old, it’s in the public domain.
Besides the fair-use defense, I also suspect that if pressed, Penthouse can also defend its work as satire, thus giving it even more protection on First Amendment grounds.
I strongly suspect that Roxbury isn’t filing the suit to protect its brand, but to provide ink for its product and upcoming movie.
Via TMZ.
Does the male lead look like George Maharis? ‘Cos if he doesn’t, I think viewers can make a strong case that this film’s use of the name constitutes false advertising.