Judge Keeps Colin's Sex Tape Suit Alive

A Los Angeles judge has rejected Farrell's ex-girlfriend's request to clear the way to release the former couple's steamy, three-year-old sex tape.

Nicole Narain, Playboy's Miss January of 2002, had asked Los Angeles Superior Court Judge Elihu Berle to throw out Farrell's lawsuit barring her from distributing the videotaped hookup. Farrell filed his suit last July, claiming Narain and her porn-peddling pals had no right to release the X-rated romp because the 15-minute tape had been for private viewing only.

On Monday, Berle denied Narain's motion, ruling there was sufficient evidence provided in Farrell's complaint for the trial to go forward. Berle said it was up to a jury to decide whether Narain committed a litany of transgressions as alleged by her ex, including breach of oral contract, invasion of privacy, violation of common law right of publicity, unfair competition and unfair business practices.

The judge also rejected Narain's argument that her ex-beau's lawyers were making an unsupported copyright infringement claim against the former Playmate. Farrell's lawyer, Paul Berra, called the latter claim a red herring, saying that if the case was about copyright violations, it would have been brought before a federal court instead.

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