The lawsuit can go on. That’s what a judge said about Colin Farrell’s suit to prevent distribution of a sex tape he made with an ex-girlfriend three years ago.
Nicole Narain, who was Playboy’s Miss January 2002, sought to have the 29-year-old actor’s lawsuit dismissed. On Monday, Superior Court Judge Elihu Berle quashed the motion, instead directing Narain’s lawyers to file an answer to Farrell’s lawsuit.
Farrell’s lawyer, Paul Berra, declined to comment.
Narain is challenging Farrell’s claim that they agreed to keep the 14-minute videotape private. As “co-creator” of the tape, Narain alleges she has the right to reproduce, market and distribute it under federal copyright law.
Leodis Matthews, a lawyer for Narain, said sales of the videotape could represent significant income for his client, rivaling that of the Pamela Anderson-Tommy Lee sex tape.
Farrell, star of “The New World” and “Alexander,” filed the lawsuit against Narain and several others in July to stop distribution of the tape, which he claims would irreparably damage his career.
A restraining order has been in place since then, temporarily blocking public release of the videotape.