updated 4/6/2011 4:16:30 PM ET 2011-04-06T20:16:30

A federal judge says Hustler magazine publisher Larry Flynt and his estranged brother can both use the Hustler name on their downtown Cincinnati stores while a broader partnership dispute over the family's pornography business is resolved.

The Cincinnati Enquirer reports U.S. District Judge William Bertelsman ruled Wednesday that Larry Flynt's newly opened store can use the name despite a claim it would hurt business at Jimmy Flynt's store.

Jimmy Flynt's lawyer says his client has rights to the name in the Cincinnati market. Larry Flynt's lawyer says his client holds the Hustler trademark and uses the name all over the world.

Jimmy Flynt claims he's a full partner in Hustler and is entitled to half its assets. The judge says he expects to rule soon on the partnership issue.

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