Published: Jul 10, 2013 4:55 PM EDT
Updated: Jul 11, 2013 5:17 PM EDT

NAPLES, Fla. - In a statment to WINK News, Larry Flynt said "Pursuant to the federal trademark cases in the state of California and in Cincinnati, Ohio, federal courts already concluded jimmy is in violation of my trademark."

There's no denying it, the Flynt family name is synonymous with the adult entertainment industry. And for the men behind the name, it's become a constant legal battle.

"Now it's just like a family affair. You can choose your friends but not your relatives," said Jimmy Flynt.

Larry Flynt, the publisher of Hustler magazine, is suing his brother Jimmy over the use of the family name. WINK News got a hold of this federal lawsuit, filed last week in Fort Myers. Jimmy said it's nothing new.

"My brother and I have been together in courtrooms and been against each other in courtrooms, courtrooms is familiar territory to us, it doesnt bother us," Jimmy said.

But according to the lawsuit, Larry is bothered his younger brother is using Flynt in the name of his Naples store - Flynt Sexy Gifts. The suit claims "Jimmy has willfully and deliberately infringed upon Plantiff's intellectual property rights by promoting his new store as "Flynt Sexy Gifts" without using his full name or disclaimer." Even "causing confusion among the general consuming public."

"I think it's harassment."

WINK News reached out to Larry's attorneys who say they won't speak about pending litigation. But Jimmy tells me he's not worried about the outcome.

"I look forward to a judge taking a look at it, i think the same decision will be made here that was made in Ohio, it will be dismissed," said Jimmy Flynt.