In an article published in yesterday's LA Times, Daniel DeCarlo, attorney for the Flynt nephews countered the claim with, "consumers of porn are careful and discerning when it comes to choosing products. Because they are well-versed with the brands that are out there, and carefully study the box before making a purchase, there is little chance that the nephews' line will be confused with Larry Flynt's films."
If you'll pardon the intentional pun, that argument is not going to stand up in court.
I'm not a purchaser of pornography, but years ago when my wife and I were trying to conceive, I did find myself at, how shall I say this, a "seed collection laboratory." In order to facilitate fertilization I had to fill the turkey baster with well, basting material. Fortunately the lab was wise enough and generous enough to provide a huge selection of films to assist in the process.
I can tell you first hand (again pun intended) that there was not a lot of careful discernment in my selection. Truth be told, they're all pretty much the same.
I don't know how other men pick their porn, it's generally not something we discuss with each other, but I usually go by title. And I'm a sucker (pun not intended) for a funny title. Something like "In and Out of Africa", "Forrest Hump" or "Free My Willy." And of course the all time classic, "Lawrence of A Labia."