'Girls Gone Wild' Trustee: 'Prompt' Asset Sale Needed In Light Of 'Interference'

LOS ANGELES - The trustee in the Chapter 11 bankruptcy case of GGW Brands LLC, the parent of the adult entertainment company that produces videos carrying the name "Girls Gone Wild," on Jan. 16 filed a status report in which he says he is pursuing a "prompt" asset sale process in light of "interference" by GGW's founder and president (In Re: GGW Brands LLC, No. 13-15130, Chapter 11, C.D. Calif. Bkcy.).

'Penthouse' Parent Company: Former Adviser's Claim For $3.43M Should Be Expunged

WILMINGTON, Del. - The adult entertainment company that produces material carrying the name "Penthouse" on Jan. 13 filed a brief in the U.S. Bankruptcy Court for the District of Delaware contending that claims asserted against its bankruptcy estate by its former financial adviser for $3,430,900 should be "denied and expunged" (In Re: PMGI Holdings Inc., No. 13-12404, Chapter 11, D. Del. Bkcy.).

9th Circuit Revives Competition Law Claims Involving Sony's PS3 'Other OS'

SAN FRANCISCO - Plaintiffs adequately allege that Sony Computer Entertainment America LLC's advertising that its PlayStation 3 would permit an "other OS" feature it eventually killed would confuse consumers, a Ninth Circuit U.S. Court of Appeals panel held Jan. 6 in reinstating California unfair competition law (UCL) claims (In re Sony PS3 'Other OS' Litigation, No. 11-18066, 9th Cir.).

'Penthouse' Reorganization Wrongly Releases Parties In IPO Action, Investors Say

WILMINGTON, Del. - A principal in an investment company that is the lead plaintiff in a class action against one of the affiliates of bankrupt PMGI Holdings Inc., the parent company of adult entertainment empire carrying the name "Penthouse," on Dec. 9 filed an objection to PMGI's plan of reorganization, contending that it improperly releases individuals responsible for violating securities laws during an initial public offering (IPO) of common stock (In Re: PMGI Holdings Inc., No. 13-12404, Chapter 11, D. Del. Bkcy.).

9th Circuit Reverses Injunction In Trademark Dispute Over 'The Platters'

SAN FRANCISCO - Although upholding a federal judge's finding that two defendants failed to meet their burden of proving trademark abandonment, the Ninth Circuit U.S. Court of Appeals on Dec. 2 nonetheless reversed a preliminary injunction barring those defendants from using "The Platters" trademark (Herb Reed Enterprises LLC v. Florida Entertainment Management Inc., No. 12-16868, 9th Cir.).

Warner Brothers Wins Dismissal Of Massachusetts Copyright Case

BOSTON - Allegations by a screenwriter that Warner Brothers Entertainment Inc. and Langley Park Pictures (Warner Brothers, collectively) will infringe his copyright were rejected Nov. 29 by a Massachusetts federal judge (Michael P. Kenney v. Warner Brothers Entertainment Inc., et al., No. 13-11068, D. Mass.).

Bankruptcy Judge: Attorney For 'Girls Gone Wild' Must Return $18,788 To Trustee

LOS ANGELES - The federal bankruptcy judge presiding over the Chapter 11 case of GGW Brands LLC, the adult entertainment company that produces videos carrying the name "Girls Gone Wild," on Nov. 20 ordered GGW's attorney to return $18,788 of a $20,000 retainer (In Re: GGW Brands LLC, No. 13-15130, Chapter 11, C.D. Calif. Bkcy.).

Magistrate Judge Denies Plaintiffs' Request For Evidentiary Sanctions

CHICAGO - A federal magistrate judge in Illinois on Nov. 12 refused to strike a defendant's answer and affirmative defenses to a breach of contract suit and denied a request to preclude the defendant from offering any evidence in support of his claims as a sanction for his failure to bring requested documents with him to his deposition (Robert P. Maher, et al. v. The Rowen Group Inc., d/b/a Playroom Entertainment, et al., No. 12 C 7169, N.D. Ill.; 2013 U.S. Dist. LEXIS 160939).

'Girls Gone Wild' Attorney: $20,000 Bankruptcy Retainer Should Be Allowed

LOS ANGELES - The attorney representing the bankrupt adult entertainment company that produces videos carrying the name "Girls Gone Wild" on Nov. 8 filed a brief in the U.S. Bankruptcy Court for the Central District of California contending that the trustee's objection to the $20,000 retainer the company paid the attorney is wrong, and the payment should be allowed based on the work performed (In Re: GGW Brands Inc., No. 13-15130, Chapter 11, C.D. Calif. Bkcy.).

9th Circuit Affirms Dismissal In Motion Picture Copyright Case

SAN FRANCISCO - A California federal judge did not err in dismissing a copyright infringement claim on grounds that it is time-barred, the Ninth Circuit U.S. Court of Appeals ruled Nov. 6 (Seven Arts Filmed Entertainment Limited v. Paramount Pictures Corp., No. 11-56759, 9th Cir.).

'Penthouse' Reorganization Plan Would Pay More Than $565.12M To Noteholders

WILMINGTON, Del. - Bankrupt PMGI Holdings Inc., the parent company of the adult entertainment empire carrying the name "Penthouse," on Nov. 1 filed an amended disclosure statement supporting its second amended joint plan of reorganization under which first- and second-lien noteholders would receive a combined $565,124,621.86 and all administrative and priority tax claims would be paid in full (In Re: PMGI Holdings Inc., No. 13-12404, Chapter 11, D. Del. Bkcy.).

Former Employee Of Bankrupt 'Penthouse' Affiliates: Claims Process 'Not Proper'

WILMINGTON, Del. - A former employee of Friendfinder Networks Inc. and Various Inc. - two companies affiliated with bankrupt PMGI Holdings Inc., the adult entertainment empire that carries the name "Penthouse" - on Oct. 29 filed a brief contending that the company's proposed reorganization plan is not "confirmable" (In Re: PMGI Holdings Inc., No. 13-12404, Chapter 11, D. Del. Bkcy.).

Supreme Court Won't Review Inequitable Conduct Case

WASHINGTON, D.C. - A September 2012 ruling by the Federal Circuit U.S. Court of Appeals applying the new standard for inequitable conduct established in Therasense Inc. v. Becton, Dickinson & Co. (649 F.3d 1276 $(Fed. Cir. 2011$)) will stand, thanks to an Oct. 15 denial of certiorari by the U.S. Supreme Court in a patent dispute (Sony Computer Entertainment America LLC v. 1st Media LLC, No. 12-1086, U.S. Sup.).

Bankruptcy Judge Approves More Than $563.89M In Financing For 'Penthouse'

WILMINGTON, Del. - The federal bankruptcy judge presiding over the Chapter 11 case of PMGI Holdings Inc., the parent company for the adult entertainment empire carrying the name "Penthouse," on Oct. 11 approved more than $563.89 million in recapitalization funding to be provided by indenture trustee US Bank National Association (In Re: PMGI Holdings Inc., No. 13-12404, Chapter 11, D. Del Bkcy.).

Judge: Conduct Allegedly Caused More Recording, Injury Under Competition Law

SAN JOSE, Calif. - An animal rights activist's allegations that circus employees' harassment necessitated longer recordings and forced her to purchase additional memory cards satisfies the California unfair competition law (UCL) injury standard, a federal judge held Oct. 4 (Shannon Campbell and Mark Ennis v. Feld Entertainment Inc., James Dennis, Matthew Gillett, Mike Stuart, David Bailey, DOES 1 through 20, Nos. 12-4233, 13-0233, N.D. Calif.; 2013 U.S. Dist. LEXIS 145495).

'Penthouse' Says Ex-Adviser 'Vastly Overstates' Its Role And Its Right To $3.5M

WILMINGTON, Del. - Bankrupt PMGI Holdings Inc., the parent company for the adult entertainment empire carrying the name "Penthouse," on Oct. 8 filed a brief in the U.S. Bankruptcy Court for the District of Delaware contending that its former financial adviser's claim that it is owed $3.5 million "vastly overstates" its importance in the proceedings (In Re: PMGI Holdings Inc., No. 13-12404, Chapter 11, D. Del. Bkcy.).

Adviser To Bankrupt PMGI: 'Penthouse' Owes $3.5M In Damages For Contract Breach

WILMINGTON, Del. - CRT Capital Group LLC, the former financial adviser to bankrupt PMGI Holdings Inc. - the parent company of the adult entertainment empire carrying the name "Penthouse" - filed a brief on Oct. 4 contending that it is owed $3.5 million. CRT maintains that PMGI "deliberately" terminated the contract between the parties without cause to avoid paying the fees (In Re: PMGI Holdings Inc., No. 13-12404, Chapter 11, D. Del. Bkcy.).

Guccione Collection: Damages Owed By 'Penthouse' Related To Intellectual Property

WILMINGTON, Del. - The Guccione Collection LLC (TGC) filed an adversary proceeding in the Chapter 11 bankruptcy of PMGI Holdings Inc., the parent company for the adult entertainment empire carrying the name "Penthouse," seeking declaratory relief and unspecified damages related to intellectual property (In Re: PMGI Holdings Inc., No. 13-12404, Chapter 11, D. Del. Bkcy.).

'Penthouse' Parent PMGI Files Chapter 11 Reorganization Plan

WILMINGTON, Del. - PMGI Holdings Inc., the parent company for the adult entertainment empire carrying the name "Penthouse," on Sept. 21 filed a plan of reorganization in its Chapter 11 bankruptcy case that calls for payment in full for all first- and second-lien noteholders (In Re: PMGI Holdings Inc., No. 13-12404, Chapter 11, D. Del. Bkcy.).

California Federal Judge Won't Lift Stay In Patent Case

SAN FRANCISCO - A nearly six-year-old stay of patent infringement litigation pending against Apple Inc., Sony Network Entertainment International LLC and others will remain in place, a California federal judge ruled Sept. 19 (Ho Keung Tse v. Apple Inc. et al., No. 06-6573, N.D. Calif.).

Parent Of Adult Entertainment Company 'Penthouse' Files For Chapter 11 Bankruptcy

WILMINGTON, Del. - PMGI Holdings Inc., the parent company for the adult entertainment empire bearing the name "Penthouse," on Sept. 17 filed for Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the District of Delaware, listing debts between $500 million and $1 billion (In Re: PMGI Holdings Inc., No. 13-12404, Chapter 11, D. Del. Bkcy.).

Putative Class Seeks Damages For Unrefunded Losses From Bankrupt Revel Casino

TRENTON, N.J. - A group of casino customers filed a putative class action lawsuit in the U.S. District Court for the District of New Jersey on Sept. 13, alleging violations of the New Jersey Consumer Fraud Act, among others, against bankrupt casino Revel Entertainment Group LLC and its affiliate Chatham Asset Management LLC related to slot machine losses the customers say the casino promised to refund (Margaret Peragine, et al. v. Revel Entertainment Group, et al., No. 13-05451, D. N.J.).

2nd Circuit Affirms Dismissal Of Copyright Case On Jurisdiction Grounds

NEW YORK - A New York federal judge properly found that a copyright infringement plaintiff's allegations concerning personal jurisdiction failed to establish a nonspeculative and direct New York-based injury as required by that state's long-arm statute, according to a Sept. 9 ruling by the Second Circuit U.S. Court of Appeals (Troma Entertainment Inc. v. Centennial Pictures Inc. et al., No. 12-1883, 2nd Cir.).

Panel Affirms Dismissal Of Securities Suit For Failure To Plead Scienter

CINCINNATI - A federal judge in Ohio did not abuse his discretion in dismissing a shareholder class action lawsuit against a video game maker and others for alleged federal securities law violations because the shareholder failed to properly plead scienter, a Sixth Circuit U.S. Court of Appeals panel ruled Aug. 27 (Bruce E. Ricker v. Zoo Entertainment Inc., et al., No. 12-3951, 6th Cir.).

Film Producer May Obtain, But Not Publish, Does' Identities, Judge Rules

CHICAGO - An Illinois federal judge on Aug. 20 granted a film production firm's motion for expedited discovery in an online file-sharing case, permitting the plaintiff to conduct expedited discovery to discover the Doe defendants' identities, while forbidding the firm from publishing the information in any way without further leave of the court (Osiris Entertainment LLC v Does 1-38, No. 1:13-cv-04901, N.D. Ill.; 2013 U.S. Dist. LEXIS 117418).