CHATSWORTH, Calif. - Claiming trademark infringement, breach of contract, violation of California statutes, and other injustices, Cobra Video LLC, through counsel Jeffrey Douglas, filed a federal lawsuit in San Diego, Calif., on February 7 against Sean Lockhart and others, seeking unspecified damages and injunctive relief.
Lockhart is the performer who appeared as Brent Corrigan in four Cobra Video titles while underage.
In a Feb. 13 press release announcing this latest lawsuit, Cobra Video stated, "Cobra Video alleges that Lockhart who had used Cobra’s trade name 'Brent Corrigan' had misappropriated said name to compete in bad faith against Cobra Video. Defendant Lockhart had also alleged he used forged documents in order to work for Cobra Video in four productions which had been immediately removed from the market pending his actions."
Lockhart, through his attorney Chad Belville, says that the ID he presented to Cobra owner/director Bryan Kocis was forged and that he was 17 at the time the four videos were shot. Lockhart told GAYVN that he had performed in several additional videos for Cobra after he turned 18, but that Cobra does not have valid ID's for those movies.
Cobra's previous attempt to secure valid ID from Lockhart was a writ filed on October 27, 2005, in the Common Court of Pleas in Luzerne County, Penn., requiring Lockhart to appear on December 6, 2005, for a deposition and to bring a certified copy of his birth certificate with him.
Lockhart did not appear. On December 21, Belville told GAYVN, "Contrary to their claims, there is no actual lawsuit filed in Luzerne County, Penn. That state allows someone to get a case name and number without filing any claim, which is what Cobra has done, but issued a press release heralding their filing of a 'lawsuit' when in reality no claim has been filed.
"Cobra delivered a powerless piece of paper demanding that Brent fly across the country so that they could ask him questions, a procedure that is commonly done by telephone," Belville said. "Brent did not show up to the scheduled deposition because he was under no legal obligation to do so. Cobra has not even stated a claim other than silly demands for hundreds of thousands of dollars in lost revenues due to Corrigan telling the truth about his age. We believe they are just on a fishing expedition to get a copy of his real ID so they can release the latest videos."
In its press release announcing the federal lawsuit, Cobra states, "This asserts Cobra’s zero tolerance policy for infringements of their business rights as well as those who would allege fraud and violate business practices. Cobra will pursue any and all who violate their rights, and engage in unfair business competition through all available legal means."
When contacted by GAYVN on February 22 for a response to Cobra's filing of a federal lawsuit against his client, Belville said, "Among other things, Cobra is suing a model for sending Cobra a PhotoShopped ID. The biggest problem with Cobra's case is that Cobra never inspected the actual ID, completely in violation of 2257. So, in order to prove their civil case they have to give factual evidence of a felony committed by themselves.
"I believe Bryan Kocis is doing this to keep the other models that he may have photographed underage from coming forward. Already, four boys have come to me claiming to have worked for Cobra underage, none willing to come out publicly due to fear of repercussions from Cobra. Once they either get the courage to come forward or are forced to come out under subpeona that this case conveniently gives me, we may expose more Cobra titles that are child porn," Belville said.
In response to Belville's assertions, Cobra's attorney Jeffrey Douglas said, "It is remarkably easy to throw baseless accusations around, especially regarding child pornography. If there are truly underage performers, Chad Belville has an ethical obligation as a lawyer to tell the industry who they are and to provide proof.
"Concealing such information, if it in fact exists, is a disservice to everyone in the industry. His failure to provide proof is consistent with his failure to provide proof that Sean Lockhart was underage.
"The only facts that are proven are these: Lockhart cybersquatted, broke his contract with Cobra, and used trademarked materials belonging to Cobra. Since last September, Mr. Belville has claimed Sean Lockhart was underage when he made four movies. If this is true, why has he failed to provide a certified copy of Lockhart's birth certificate? If there is a reason not to provide it to Cobra, why not provide it to the FBI or AVN?
"One way or another, Sean Lockhart appears to have committed serious crimes. Either he feloniously obtained a Washington State driver's license or he committed fraud on Cobra and all retailers of Cobra's products in order to break a binding contract.
"His answer to our Federal lawsuit is due next week. We look forward to that litigation," Douglas concluded.
http://www.gayvn.com/index.php?Prima...tent_ID=260230
Interesting turn of events for sure
Regards,
Lee
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