WWF VS WCW LAWSUIT - Wrestling - http://maxpages.com/wwfstoncold316/WWF_VS_WCW

Titan vs. Turner--The Lawsuit

Professional wrestling promoter (Vince McMahon) brought action against rival promoter (Eric Bischoff), alleging copyright infringement, trademark infringement, tortious interference with contract and violations of Connecticut Unfair Trade Practices, in connection with rival's employment of two wrestlers who portrayed copyrighted characters.
THE FACTS AS STATED IN THE COMPLAINT
Titan Sports, Inc., etc., ("Plaintiff") is a Delaware corporation with its principal place of business in Connecticut. Plaintiff promotes live, and on cable, syndicated, and pay-per-view television, professional wrestling under its registered service mark "World Wrestling Federation" ("WWF"). TBS is a Georgia corporation which owns and operates several cable networks, including Turner Network Television ("TNT") and WTBS. WCW is a Georgia corporation and a majority owned subsidiary of TBS.

WCW competes directly with WWF in televising professional wrestling, associated merchandising, and licensing programs. Bischoff is a citizen of Georgia, an officer and employee of TBS, in charge of WCW's operations and serves as a television announcer for WCW programming. Plaintiff contends that success in the professional wrestling business depends upon the development of interesting wrestling characters and story lines. Characters must have names, personalities, histories, relationships, personas, and visual appearances that appeal to consumers. Plaintiff alleges that WWF programming combines character-driven story lines with skillful wrestling while WCW has no reputation for creativity. TBS proposed interpromotional matches in order to associate WCW with WWF, but Plaintiff rejected this idea.

After wrestling unsuccessfully with WCW, Scott Hall contracted to wrestle for Plaintiff. Plaintiff created a wrestling character for Hall called "Razor Ramon", alias "The Bad Guy", with a distinctive Hispanic accent, slicked back hair in a ponytail with a curl in the front, a toothpick in his mouth, a vest, and multiple chains around his neck. Plaintiff registered the service mark "Razor Ramon" with the U.S. Patent and Trademark Office. The contract provided that Plaintiff retained exclusive ownership of the character's name and likeness and the exclusive right to distribute copyrightable materials based on the character. Hall warranted that he would not enter other agreements conflicting with Plaintiff's contract rights.

Plaintiff developed Razor Ramon into one of its most popular characters. He has appeared in television broadcasts, live events, a two-hour videotape, several magazines, and is the subject of merchandise devoted to the character. He won WWF's Intercontinental Championship at least four times. The character is well-recognized by wrestling fans.Plaintiff developed another character using wrestler Kevin Nash who wrestled unsuccessfully with defendant WCW. Nash and Plaintiff entered into a contract with provisions similar to Hall's contract. Nash's character was "Diesel", alias "Big Daddy Cool". Diesel's trade dress included a goatee beard and moustache, black leather pants, a black leather vest decorated with silver studs and tassels, a black low cut tank-top shirt, a black fingerless glove on the right hand, black elbow pads, black wrist bands, sunglasses, and black leather boots. Diesel is visibly different from the characters previously portrayed by Nash at WCW.

Diesel was added to Plaintiff's story lines and appeared in television broadcasts, commercial videotapes, magazines, and became the subject of merchandise. Like Razor Ramon, Diesel also became widely recognized and popular, winning the WWF Heavyweight Championship in 1995.In 1993, Plaintiff promoted Razor Ramon and Diesel on its "Monday Night Raw" television program, which was broadcast weekly at 9:00 p.m. EST. In 1995, defendant TBS began broadcasting a competing program "WCW Monday Nitro" at the same time. Plaintiff alleges that TBS's broadcast continually disparaged WWF, while WCW agents circulated false rumors of Plaintiff's impending bankruptcy in order to lure wrestlers to WCW.In 1996, enticed by WCW's promise of lucrative, guaranteed contracts, Hall and Nash contracted to wrestle with WCW.

After the contracts were executed, Plaintiff alleges that defendant Bischoff planned to capitalize on the goodwill of the Razor Ramon and Diesel characters. Hall and Nash were to appear on WCW's broadcast as Razor Ramon and Diesel, supposedly representing WWF in an interpromotional battle. Before the broadcast, WCW's 900 hotlines told consumers that Razor Ramon and Diesel were considering leaving WWF for WCW, although in reality, they had already done so. Defendants expanded the introductory broadcast to two hours, starting before Plaintiff's competing broadcast. Hall appeared in the persona of Razor Ramon, although the broadcast did not refer to him by name. The end of the broadcast falsely conveyed that interpromotional matches would thereafter air on TNT. Fans sent letters evidencing their presumption that Hall was performing as Razor Ramon for WWF on TNT. Plaintiff attempted to dispel the rumors by broadcasting that Hall and Nash were no longer associated with the WWF. Nevertheless, Hall appeared on two further WCW broadcasts, perpetuating the false presumption. Bischoff also indicated that the interpromotional matches would be seen on an upcoming pay-per-view program. Hall and Nash did appear on the pay-per-view program as the characters Razor Ramon and Diesel. Defendants, however, did not refer to them by any name.

Titan Sports, Inc. v. Turner Broadcasting Systems Inc., 981 F.Supp. 65 (D. Conn. 1997)

Greenhill

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Page Updated Sat May 22, 1999 9:04pm EDT