YNOT – Florida A&M University on Tuesday filed suit against Miami-based RK Netmedia Inc., colloquially known as Reality Kings, alleging the adult website company besmirched the school’s reputation when it produced and distributed a video implying sexual orgies occur inside the school’s dormitories.According to the lawsuit, filed in U.S. District Court in Tallahassee, Fla., the “BigRattler77” video posted to the DareDorm.com website infringes trademarks and service marks belonging to the “historically black college in Florida.” Among the tie-ins to the school are the name Rattlers and the orange-and-green color scheme.
“The ‘BigRattler77’ video also suggests that the individuals depicted therein are FAMU students and contains derogatory and highly offensive racial innuendo and visual depictions of gang signs purportedly associated with FAMU,” the lawsuit states. “The ‘BigRattler77’ video is likely to deceive, confuse and mislead prospective purchasers and viewers of the video into believing that the video was produced, authorized or is in some manner associated with FAMU. Persons and consumers viewing the ‘BigRattler77’ video on the DareDorm.com website are likely to associate and attribute the behavior contained therein to FAMU and its students.”
The subject video and associated viral-marketing clips depict eight individuals — seven black men and one Asian woman — engaging in multiple sexual acts in what looks like a college dorm room. According to the lawsuit, the “John Doe” performers — also named as respondents in the lawsuit — received $10,000 for their participation.
FAMU wants the video removed from the website and any DVDs containing the clip destroyed. In addition, FAMU has asked the court to issue a permanent injunction barring any further use of FAMU marks, students or property in Reality Kings products. The school also seeks reimbursement for its attorney fees.
Reality Kings issued a statement about the lawsuit in which the affiliate program asserted the video was removed from DareDorm.com as soon as the university complained. The statement also noted the setting was entirely fictitious and did not depict actual FAMU property or students.
The company has sworn to fight the lawsuit on First Amendment grounds if the disagreement cannot be settled out of court.
