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NEW YORK — Pink Visual parent company Ventura Content and Mansef apparently have reached a settlement deal in the $6.75 million copyright suit over Mansef tube sites, XBIZ has learned
Attorneys from both sides filed a discontinuance order and will meet in U.S. District Judge Shira Scheindlin's chambers on Oct. 7. Schendlin, who signed the order, said that counsel from either side can apply to restore the case by Oct. 4.
Terms of the apparent settlement were not disclosed at post time. Ventura Content officials declined comment on the news; Mansef officials did not immediately respond for queries.
In the suit, Ventura Content maintains Montreal-based Mansef Inc. permitted users to upload and download infringing 45 Pink Visual-copyrighted videos seen on company tube sites KeezMovies.com, PornHub.com, ExtremeTube.com and Tube8.com.
Pink Visual’s complaint, filed at U.S. District Court in New York, alleges that the defendants are not only aware of infringing content being uploaded to their sites, but that they “actively engage in, promote and induce this infringement.”
“[T]he emergence of these tube sites operated by defendants and others threatens not just [Pink Visual], but the entire adult entertainment industry,” Ventura Content said in its original complaint.
Mansef, meanwhile, said Ventura Content, never showed definitive ownership with respect to the copyright registrations, 22 of which are compilations and don't satisfy the requirements of copyright law under civil-infringement actions.
Further, Mansef attorneys told a federal judge that the company has no control over the source of the content that users post on websites and that it complied with Ventura Content's request to take down videos on eight separate occasions within 24 hours of receiving those notices.
Litigation between the parties ramped up after February's action by Ventura Content was filed, with Mansef responding with it's own civil federal suit.
In a second suit, which was waged by Mansef and still on-going, Pink Visual's parent company and its Denali Holdings unit were sued for copyright infringement from the alleged use of Brazzers' trademark.
Mansef said the defendants have purchased from Internet search engines such as Google keywords containing various permutations of the word Brazzers, knowing that Brazzers is the plaintiff’s well-known brand and with deliberate intent to harm plaintiffs.
In addition to copyright infringement, Mansef also claims trademark infringement and unfair competition.
XBIZ will add additional details and commentary to this story as it becomes available.
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