Porn maker Vivid Entertainment claims Palm Bay night club 'Vivid Cabaret Lounge' violates trademark, 'cybersquatting'

10:51 AM, Jul 19, 2013   |    comments
Vivid Cabaret adult night club in Palm Bay is being accused of wrongfully using the name. It is being sued by Los Angeles-based Vivid Entertainment LLC. (Wayne T. Price/FLORIDA TODAY)
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PALM BAY, FL (Florida Today) -- Los Angeles-based Vivid Entertainment, one of the largest producers of adult films, is demanding a Palm Bay nightclub operator change the name of his business and to quit "cybersquatting."

Vivid Entertainment LLC on Monday filed a trademark infringement and cybersquatting lawsuit against Jose Baserva and his company, J&B PB LLC, in U.S. District Court Middle District Fort Myers Division.

Baserva had run the Cabaret Lounge off Palm Bay Road before selling it to Tony McCarthy.

Baserva still owns the property where the club is located, as well as the name "Vivid Cabaret" as it's used in Florida.

Baserva also has a website called VividCabaret.com and a number of Facebook pages linking to the lounge.

The website talks about opening more Vivid Cabaret clubs in Miami, Orlando and Tampa

The filing of the suit comes as Vivid opened its Vivid Cabaret in Los Angeles this week. Plans are to soon open Vivid Cabaret in New York.

The suit seeks a permanent injunction enjoining defendants from using the "Vivid" and VividCabaret.com name, including "colorable imitation," online and offline; a transfer of VividCabaret.com to plaintiffs; a civil judgment; and attorneys fees.

"Vivid Entertainment has been damaged as a direct and proximate cause of defendants' practices described above," the suit said.

"Defendants are, thus, liable to plaintiff in an amount that adequately compensates it for practices, plaintiff's commercial damages in lost sales and licensing fees, plus a civil penalty."

Baserva said Vivid is trying to bully him.

If Vivid wants to start nightclubs outside Florida, that's fine, "but they need to leave us alone in Florida."

"We feel our decision is very strong," Baserva said, adding he is willing to negotiate with Vivid but he needs to be compensated for expenses.

Vivid Entertainment is also well-known for challenging California's voter-approved law requiring porn actors to wear condoms while filming explicit sex acts.

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