Lil Jon Seeks $30 Million Over Video

[BoardGoerge]

ATLANTA - Claiming breach of contract, false advertising, trademark
infringement and unauthorized use of his name and likeness, rapper Lil Jon
this week filed suit against LFP Video and Category 5 Entertainment.

According to court documents obtained by XBiz, the suit stems from the use
of Lil Jon concert footage in Hustler Video's "Phat Tuesday," as well as use
of the rapper's name and image on the DVD's boxcover.

The live performance footage was shot at a Feb. 5, 2004, New Orleans-area
concert promoted in part by Category 5.

According to Lil Jon, who's real name is Jonathan Smith, his contract with
Category 5 gave the company permission to use his name and likeness only for
the purposes of promoting the concert and only until the date of the
concert. It did not give Category 5 the right to reproduce or sell his name
or likeness to a second party such as LFP, the lawsuit says.

The boxcover for "Phat Tuesday" shows Lil John flanked by two of the DVD's
stars, Ashley Fires and Lacey, along with a "sunburst" that reads,
"Featuring Top 10 Recording Artist Lil Jon, King of Crunk."

Lil Jon is widely known in the music community as the King of Crunk, a
heavy, Southern brand of hip-hop that's popular in dance clubs. Early last
year, the dreadlocked, metal-toothed rapper and producer introduced a
pomegranate-flavored energy drink under the Crunk brand name.

The lawsuit contends that because Lil Jon is a "certified hit maker" and he
"created the term Crunk," his name and likeness are "valuable commodities,
with significant secondary meaning and goodwill attached to them." It
asserts that Lil Jon was deprived of royalties and revenue attached to the
unauthorized use of his name and image. A valid license for such use,
according to the claim, would have cost LFP more than $500,000.

Perhaps most significantly, the suit contends that "the goodwill associated
with [Lil Jon's trademarks] has been tarnished significantly by being linked
improperly to Hustler." It says these marks are used in a wide variety of
merchandise, giving their goodwill a value of not less than $30 million.

Earlier this year, Lil Jon signed a two-picture deal with another adult
studio, Vivid Entertainment, under which he was to direct and create music
for two hardcore videos. The rapper and his band, The East Side Boyz, also
were to appear in the videos in non-sex roles.

While the suit does not make specific reference to the Vivid deal, it has
been widely reported that the release of "Phat Tuesday" has put the first of
the two Vivid movies, originally scheduled to release in the second quarter
of 2005, on hold indefinitely.

In addition to seeking compensatory, actual and punitive damages, Lil Jon's
suit requests an order to impound and destroy all remaining copies of "Phat
Tuesday."

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