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LOS ANGELES (CNS) - The Hugh M. Hefner Foundation and an e-commerce clothing company are close to settling the foundation's lawsuit in which the firm allegedly used the late Playboy founder's name and likeness on their party- and rave-inspired attire without consent, attorneys in the case have told a judge.
During a final status conference Tuesday before Los Angeles Superior Court Judge Maureen Duffy-Lewis, lawyers for the foundation and the company Funstigators told the judge that a resolution of the case is pending. Duffy- Lewis postponed the hearing until May 10 so the attorneys can finish the details of the accord. No terms were mentioned.
The foundation brought the suit in February 2022, alleging a violation of the Civil Code. In their court papers Funstigators attorneys stated that the foundation's claims were barred by the statute of limitations and that the suit should be dismissed.
The foundation was established in 1964 to support organizations that advocate for and defend civil rights and civil liberties, with a special emphasis on First Amendment rights and rational sex and drug policies, causes that Playboy founder Hugh Hefner championed during his lifetime, the suit states.
Funstigators, through its website and multiple online outlets sells costumes and robes that it brands using Hefner's name, image and likeness that are or have been marketed as "Signature Hugh Hefner Velvet Smoking Jacket & Lounge Pants Costume," "Hugh Hefner Signature Embossed Smoking Jacket" and "Hugh Signature Brocade Smoking Jacket," the suit states.
When the foundation in 2021 contacted Funstigators and demanded the company stop selling apparel products using Hefner's name, image and likeness, the company's owner promised she would cease doing so, the suit states.
However, Funstigators later reneged on its promise, illustrating the "willful, intentional and wanton nature" of the company's violation of the foundation's rights, the suit states.
Funstigators subsequently altered its web listings for the Hefner products by removing photographs of the late magazine mogul and instead saying the products were "inspired " by him, according to the suit, which includes before and after copies of the Funstigator ads.
"These alterations only illustrate that (Funstigators) is aware that it has violated Hefner's right of publicity," the suit states.
Hefner died of an E coli infection in September 2017 at age 91. He is interred at Westwood Memorial Park in Los Angeles in the crypt beside Marilyn Monroe.