Florida A&M University’s recent settlement with Internet porn company RK Netmedia Inc. sets a precedent for other universities to sue to protect their trademark, school attorneys said.
Alumni blogs and websites erupted when a sexually explicit online video, purportedly featuring students on the historically Black institution’s campus, was released on “Daredorm.com.”
University attorneys filed a complaint saying the “Big Rattler 77” video damaged FAMU and the reputation of its students with references to its mascot and school colors.
Remarkably, the Miami-based company immediately settled, apologizing publicly and agreeing to pay attorney fees and fund two scholarships valued at $105,000. Calls to the company and their lawyers were not returned.
“They were trying to make money by creating a video that falsely affiliated the actors with our university and having them participate in degrading conduct,” said FAMU’s lawyer Richard Mitchell of the GrayRobinson law firm in Orlando, Fla. “It was simply false and untrue. They were smart to settle this case quickly.”
“The resolution of this case represents a firm commitment by FAMU and its board of trustees to preserve the good name and reputation of this university for its students, alumni and the people of this great state of Florida,” said FAMU President James H. Ammons.
The university’s legal victory opens opportunities for other universities to safeguard their school under the Lanham Act, legislation that protects trademark rights against false advertising, infringement and dilution.
