FyreTV's Trademark Lawsuit Against Amazon's 'Fire TV' Moves Forward

FyreTV's Trademark Lawsuit Against Amazon's 'Fire TV' Moves Forward

ATLANTA, Ga. — The 11th U.S. Circuit Court of Appeals ruled yesterday that a case against Amazon over its Fire TV product, brought by adult streaming company Wreal, which owns the “FyreTV” trademark, can move forward.

The three-judge panel's opinion, published yesterday, “overturned a Florida federal judge's decision granting summary judgment in Amazon's favor in a lawsuit brought by Wreal LLC, which alleged that the name of Amazon's Fire TV would likely cause consumers to confuse it with Wreal's FyreTV service,” legal news site Law360 reported.

Wreal, whose claims to the “FyreTV” trademark date back to 2007, sued Amazon in 2014 when the conglomerate launched its Fire TV streaming service.

In May 2019, Law360 noted, U.S. Magistrate Judge Jonathan Goodman “recommended granting Amazon summary judgment after finding little chance that consumers would confuse a normal streaming device with an app dedicated to hardcore pornography.”

Later, U.S. District Judge Joan A. Lenard ruled in favor of the larger company; this was the ruling that was reversed yesterday.

The panel defined the situation as a "reverse-confusion" case.

"In reverse-confusion cases, the plaintiff is usually a commercially smaller, but more senior, user of the mark at issue," the appellate judges explained. "The defendant tends to be a commercially larger, but more junior, user of the mark."

Although the lower court “had found that consumers were unlikely to confuse the two marks,” the appellate judges ruled that the district judge “should have analyzed whether Amazon's Fire TV mark could cause a consumer to associate FyreTV with Amazon,” Law360 reported.

"Because both the harm and the theory of infringement in a reverse-confusion case differ from what is claimed in a forward-confusion case, the analysis and application of the seven likelihood-of-confusion factors differ as well," the opinion held.

Of note for adult industry observers, the panel also found that “although Amazon's product does not broadcast hardcore pornography, it does have apps for Showtime and HBO Go, both of which broadcast softcore pornography as part of their after-hours programming,” Law360 explained, adding that “hardcore pornographic DVDs are also available for purchase on Amazon.com.”

Law360 also reported that the panel held that it would “not be unreasonable for a consumer to ‘see FyreTV and think Amazon was the source.’”

The case is Wreal LLC v. Amazon.com Inc., case number 19-13285, in the U.S. Court of Appeals for the Eleventh Circuit.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

'White-Hot' Party Set to Kick Off XBIZ Miami

XBIZ is pleased to announce that the annual White-Hot Party, the official opening bash of XBIZ Miami, is set for Monday, May 19, at Mynt Lounge in South Beach.

AEBN Publishes Popular Searches for March, April

AEBN has announced the top search terms for March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Takedown Piracy Adds 'Search Max' Feature

Takedown Piracy has launched Search Max, a search engine for detecting, verifying, and removing Google infringements.

Sex Workers' Group Fights Proposed Swedish Ban on 'Remote' Sexual Services

The European Sex Workers’ Rights Alliance (ESWA) has launched a campaign against a Swedish government proposal to expand current laws against purchasing sexual services to apply to acts performed remotely by cammers, streamers and custom content creators.

FSC: Arizona Governor Signs Controversial Age Verification Law

Free Speech Coalition has released a statement regarding Arizona Governor Katie Hobbs signing the state's age verification bill into law.

NCOSE Sues 4 Adult Websites Under Kansas Age Verification Law

The National Center on Sexual Exploitation (NCOSE), a conservative anti-pornography organization, has sued four adult websites in Kansas under the state's age verification law.

Sarina Havok, Robin Coffins Launch New Site Through Grooby's Blue.xxx

Sarina Havok and Robin Coffins have launched their new membership site, SarinaAndRobin.com, through Grooby's website management company Blue.xxx.

SpankChain Pauses SpankPay, SpankMatch

SpankChain has paused SpankPay, its adult crypto payment platform, and SpankMatch, its adult networking platform.

Sen. Mike Lee Tries Again to Criminalize All Porn With Interstate Obscenity Definition Act

Republican Senator Mike Lee of Utah has introduced the Interstate Obscenity Definition Act, which would redefine almost all visual depictions of sex as obscene and therefore illegal.

Ofcom Investigates 2 Adult Sites for AV Noncompliance

U.K. media regulator Ofcom is investigating two adult sites for failure to comply with age assurance requirements under the Online Safety Act, which Ofcom is charged with enforcing.

Show More