DETROIT - Kid Rock has won an initial victory in his attempt to stop a California company from releasing an explicit sex video featuring the rap-rocker, former Creed singer Scott Stapp and four women.
U.S. District Court Judge John Feikens signed a temporary order that stops David Joseph and his World Wide Red Light District company from distributing or promoting any portion of the tape, including a 40-second preview clip of the video that was previously displayed on Red Light District's Web sites.
On Tuesday, Kid Rock's lawyers sued Red Light, which made headlines in 2004 by distributing the Paris Hilton sex video, accusing the firm of violating Kid Rock's trademark and privacy rights. The lawsuit seeks a permanent court order halting sale or distribution of the video.
"We don't deny the authenticity of the tape," Kid Rock's lawyer, William Horton, told the Detroit Free Press. "But they're using this without his permission to drive the sales of their other products."
"Even rock stars are entitled to privacy," said co-counsel Michael Novak.
On Wednesday, Novak said Stapp's lawyers had informed him and his colleagues that the tape had been stolen from Stapp. "That just further underscores that this is not authorized," Novak said.
A message seeking comment was left for Stapp lawyer Howard Weitzman.
The ban on distributing the video will remain in effect at least until a court hearing Friday. However, the company already had removed it from the Internet last week after receiving a cease-and-desist order from Stapp's lawyers.
Red Light lawyer Ray Tamaddon said he couldn't comment on the lawsuit because he hadn't seen it. But he said the company is confident that it is within its legal rights.
"These are public figures, and the standards are different," he said.
Red Light acknowledges the tape came from a third party, but Tamaddon denied that it had been stolen. However, he declined to elaborate on how Red Light's source acquired the video.
In an affidavit filed with the lawsuit, Kid Rock, who was born Robert Ritchie, said the video was shot in 1999 near Miami. At the time, Stapp was the lead singer of Creed.
Kid Rock said in the lawsuit filing that it was clearly understood that the video would remain Stapp's private property and would not be displayed publicly.
Joseph has said the tape involves women from a strip club and was taken in a motor home while the musicians were on tour.