Trying To Outhustle A Permanent Injunction

LFP IP, LLC v. Hustler Cincinnati, Inc.

Addressing the issue of modifying a permanent injunction for trademark infringement, the Court of Appeals for the Sixth Circuit held that an injunction may be modified if it is no longer "achieving its principal objects," due to a change in factual circumstances. LFP IP, LLC v. Hustler Cincinnati, Inc., Case No. 15-3135 (6th Cir., Jan. 13, 2016) (Sutton, J.).

Two siblings, Jimmy and Larry Flint, have been involved in a long-running business dispute stemming from their original business venture opening "The Hustler Club" bar and nightclub in Cincinnati. From this venture, Larry created the Hustler enterprise, which was eventually consolidated into a single corporation, LFP Inc. Jimmy worked on and off for the corporation before opening his own retail store, Hustler Cincinnati, in 2000, for which he paid licensing fees until the brothers had a falling out in 2009.