For anyone who cares here are some updates on the Brock Lesnar/WWE lawsuit, father down is some info on the pending Shark Boy/Disney case-
From Prowrestling.com:
According to a document filed on May 31 in the United States District Court of Connecticut, the legal teams representing both World Wrestling Entertainment and Brock Lesnar met to plan out the "next phase" of Lesnar's current lawsuit against WWE. Lesnar is currently petitioning for a judgment by the court with WWE fighting it, allowing for the door to become open for an expected discovery period.
The meeting between both paries allowed the parameters of Lesnar vs. WWE to be presented. Lesnar's attorneys have asked that the court make a summary judgment on the case based on their filing in May and do not want any pleadings amended or any discovery periods to take place on their end, allowing them to wait for the court to render a decision. So, at this point, Lesnar's people are hoping that the court will make the decision to side with them and if any issues are not met to their satisfaction then they will move forward with the remaining key points of their case against WWE. It would be wise of them at this point to get the issue handled quietly and as swiftly as possible.
When this took place, WWE moved to block a summary judgment, noting strongly that there has been no discovery period performed by either party and petitioned that "because there are numerous material factual issues raised in the pleadings, this case is not ripe for summary judgment." The goal of WWE at this point is to push the case to a trial where they will have a legitimate shot at shooting down Lesnar's claims while defending what they stood by in their response. Both parties have made it clear that a settlement is unlikely between the two.
WWE's discovery period started on June 1 and is scheduled to end in September. WWE informed the court that they will be handling an International discovery in regards to Lesnar's "alleged" negotiations with New Japan Pro Wrestling and his appearance for the promotion earlier this year in January. WWE has also requested that they have until July 15 to add additional parties or amend their pleadings in the case that they uncover new facts that may prove to be beneficial to their defense of the lawsuit. The scheduled ending in September could be extended as well if that becomes the case. The gist of the focus in WWE's discovery period will focus on the circumstands regarding the two sides coming to a settlement agreement back in March of 2004 that Lesnar signed and what all of the specifics truly are. It should also be noted that both sides do not expect to file more than 25 interrogatories, which are a set of written questions proposed by one side that are required to be answered by the other in order to clarify matters of evidence and help to determine in advance what facts will be presented during the trial.
Also from Prowrestling.com:
It appears as there is some new developments in the Brock Lesnar vs. WWE lawsuit. The WWE claims that Lesnar has not made himself available for deposition after numerous attempts to get this complete. The WWE claims that Lesnars lawyers, will not make Lesnar available for his deposition.
The WWE maintains that it needs appropriate time for discovery and to depose Lesnar, especially regarding his demands to rejoin the company. They claim that Lesnar and his lawyers conveniently forgot to inform the court that they were limiting the number of days he would have to travel and/or appear as well as the days of the week he would have to travel and/or appear, the size or location of the venues in which he would have to appear, payment of his travel expenses (including a personal aircraft and pilot), and increased compensation and royalties.
The WWE has presented a lot of paper work to the court, including:
All documents regarding Lesnars trip to Japan for the January 2005 New Japan Tokyo Dome event
Documents and releases Lesnar signed in conjunction with his appearance at the event.
Documents showing how Lesnars hotel/travel/meals were paid for and/or reimbursed
Documents showing all income Lesnar has made since departing WWE.
Documents reflecting the communication between Lesnars representatives and WWE in regard to a possible return.
Documents regarding Lesnars transmission of his WWE Settlement Agreement with outside parties
As well as documents pertaining to any discussions Lesnar had with outside parties regarding that Agreement including his attorneys.
The WWE also claims that a summary judgment in Lesnars favor would be premature.
Now to Shark Boy-
http://news.enquirer.com/apps/pbcs.dll/article?AID=/20050608/NEWS01/506080412/1056
Shark Boy is no film fish, wrestler claims
By Dan Horn
Enquirer staff writer
Dean Roll, in his wrestling costume as Shark Boy. Roll filed a federal lawsuit Tuesday to block Hollywood from using his trademarked name in the new movie "The Adventures of Shark Boy and Lava Girl in 3-D." He says the movie threatens the image he has tried to build.
Dean "Shark Boy" Roll is a professional wrestler, not a film critic.
But he's giving a thumbs down to the new movie "The Adventures of Shark Boy and Lava Girl in 3-D."
The Middletown man sued in federal court Tuesday to block the film's makers from using the trademarked name of his wrestling character in the title of the movie, which opens Friday.
"The character is something I had trademarked because I believe in it," Roll said of Shark Boy. "That's why I knew I had to protect it."
Although he is only 5 feet, 10 inches tall and 180 pounds, he has parlayed Shark Boy into a wrestling career that helps support his wife and two children. He has his own Web site - www.sharkboy.net - and sells Shark Boy T-shirts, trading cards and posters.
He performs around the country as part of Total Nonstop Action, a touring wrestling company, in a costume that features a black mask with huge grinning teeth and a shark fin across the top. He's even made some TV and pay-per-view appearances.
"This character goes all over the world," Roll said. "I thought it eventually would catch on in a big way, and it has." But now, he says, Hollywood is threatening his future.
"The Adventures of Shark Boy and Lava Girl in 3-D," a family movie in the vein of "Spy Kids," doesn't quite fit the tough-guy image he's going for.
He wants a judge in Cincinnati to force Dimension Films and Miramax Film Corp. to remove Shark Boy from the movie's title.
The filmmakers could not be reached for comment Tuesday.
Roll said he'd always hoped the studios would take an interest in Shark Boy's story, but this isn't what he had in mind.
"That's the shame of it," he said. "I've been working at this a long time."
From 1wrestling.com
DOES SHARK BOY HAVE A CASE AGAINST DISNEY?
By: John Daly
6/8/2005 12:25:36 PM
TNA wrestler Shark Boy has reportedly filed a lawsuit against Disney for using his trademarked ring-name for one of the title characters in their upcoming film, "The Adventures of Shark Boy & Lava Girl in 3-D".
One may argue that Shark Boy doesn't have any feet to stand on, since the movie industry and professional wrestling are two separate types of businesses. However, there is a pretty strong precedent in the wrestler's favor. Long ago, Marvel Comics trademarked the name "Hulk" for their famous super-hero. Thus the WWE and WCW have had to strike deals, in the past with Marvel Comics, to be allowed to use and ! market that name.
To me, this conflict seems to be just as valid. Shark Boy trademarked the name five years ago, long before the Disney film had begun production. Both names are now being used for "fantasy" characters in products directed (at least in some part) toward children.
I'm really surprised Disney didn't think to look up the name for a possible trademark problem, prior to producing the film. It's also ironic that the star of the film, David Arquette, is an avid wrestling fan who most likely would have been familiar with the wrestler. One has to wonder if he ever mentioned the possible conflict to the director/producer Robert Rodriguez.
Shark Boy has stated that he wants to keep Disney from releasing their film because of the trademark infringement. I honestly don't see this happening, but I wouldn't be surprised to see the wrestler win a large settlement, based on the marketing rights. I'm no lawyer, and won't pretend to understand the ins and outs of our legal system, but I'd say Shark Boy has a pretty legitimate case. It will be interesting to see what happens.
You can send feedback to coloradorocket@hotmail.com
From Prowrestling.com:
According to a document filed on May 31 in the United States District Court of Connecticut, the legal teams representing both World Wrestling Entertainment and Brock Lesnar met to plan out the "next phase" of Lesnar's current lawsuit against WWE. Lesnar is currently petitioning for a judgment by the court with WWE fighting it, allowing for the door to become open for an expected discovery period.
The meeting between both paries allowed the parameters of Lesnar vs. WWE to be presented. Lesnar's attorneys have asked that the court make a summary judgment on the case based on their filing in May and do not want any pleadings amended or any discovery periods to take place on their end, allowing them to wait for the court to render a decision. So, at this point, Lesnar's people are hoping that the court will make the decision to side with them and if any issues are not met to their satisfaction then they will move forward with the remaining key points of their case against WWE. It would be wise of them at this point to get the issue handled quietly and as swiftly as possible.
When this took place, WWE moved to block a summary judgment, noting strongly that there has been no discovery period performed by either party and petitioned that "because there are numerous material factual issues raised in the pleadings, this case is not ripe for summary judgment." The goal of WWE at this point is to push the case to a trial where they will have a legitimate shot at shooting down Lesnar's claims while defending what they stood by in their response. Both parties have made it clear that a settlement is unlikely between the two.
WWE's discovery period started on June 1 and is scheduled to end in September. WWE informed the court that they will be handling an International discovery in regards to Lesnar's "alleged" negotiations with New Japan Pro Wrestling and his appearance for the promotion earlier this year in January. WWE has also requested that they have until July 15 to add additional parties or amend their pleadings in the case that they uncover new facts that may prove to be beneficial to their defense of the lawsuit. The scheduled ending in September could be extended as well if that becomes the case. The gist of the focus in WWE's discovery period will focus on the circumstands regarding the two sides coming to a settlement agreement back in March of 2004 that Lesnar signed and what all of the specifics truly are. It should also be noted that both sides do not expect to file more than 25 interrogatories, which are a set of written questions proposed by one side that are required to be answered by the other in order to clarify matters of evidence and help to determine in advance what facts will be presented during the trial.
Also from Prowrestling.com:
It appears as there is some new developments in the Brock Lesnar vs. WWE lawsuit. The WWE claims that Lesnar has not made himself available for deposition after numerous attempts to get this complete. The WWE claims that Lesnars lawyers, will not make Lesnar available for his deposition.
The WWE maintains that it needs appropriate time for discovery and to depose Lesnar, especially regarding his demands to rejoin the company. They claim that Lesnar and his lawyers conveniently forgot to inform the court that they were limiting the number of days he would have to travel and/or appear as well as the days of the week he would have to travel and/or appear, the size or location of the venues in which he would have to appear, payment of his travel expenses (including a personal aircraft and pilot), and increased compensation and royalties.
The WWE has presented a lot of paper work to the court, including:
All documents regarding Lesnars trip to Japan for the January 2005 New Japan Tokyo Dome event
Documents and releases Lesnar signed in conjunction with his appearance at the event.
Documents showing how Lesnars hotel/travel/meals were paid for and/or reimbursed
Documents showing all income Lesnar has made since departing WWE.
Documents reflecting the communication between Lesnars representatives and WWE in regard to a possible return.
Documents regarding Lesnars transmission of his WWE Settlement Agreement with outside parties
As well as documents pertaining to any discussions Lesnar had with outside parties regarding that Agreement including his attorneys.
The WWE also claims that a summary judgment in Lesnars favor would be premature.
Now to Shark Boy-
http://news.enquirer.com/apps/pbcs.dll/article?AID=/20050608/NEWS01/506080412/1056
Shark Boy is no film fish, wrestler claims
By Dan Horn
Enquirer staff writer
Dean Roll, in his wrestling costume as Shark Boy. Roll filed a federal lawsuit Tuesday to block Hollywood from using his trademarked name in the new movie "The Adventures of Shark Boy and Lava Girl in 3-D." He says the movie threatens the image he has tried to build.
Dean "Shark Boy" Roll is a professional wrestler, not a film critic.
But he's giving a thumbs down to the new movie "The Adventures of Shark Boy and Lava Girl in 3-D."
The Middletown man sued in federal court Tuesday to block the film's makers from using the trademarked name of his wrestling character in the title of the movie, which opens Friday.
"The character is something I had trademarked because I believe in it," Roll said of Shark Boy. "That's why I knew I had to protect it."
Although he is only 5 feet, 10 inches tall and 180 pounds, he has parlayed Shark Boy into a wrestling career that helps support his wife and two children. He has his own Web site - www.sharkboy.net - and sells Shark Boy T-shirts, trading cards and posters.
He performs around the country as part of Total Nonstop Action, a touring wrestling company, in a costume that features a black mask with huge grinning teeth and a shark fin across the top. He's even made some TV and pay-per-view appearances.
"This character goes all over the world," Roll said. "I thought it eventually would catch on in a big way, and it has." But now, he says, Hollywood is threatening his future.
"The Adventures of Shark Boy and Lava Girl in 3-D," a family movie in the vein of "Spy Kids," doesn't quite fit the tough-guy image he's going for.
He wants a judge in Cincinnati to force Dimension Films and Miramax Film Corp. to remove Shark Boy from the movie's title.
The filmmakers could not be reached for comment Tuesday.
Roll said he'd always hoped the studios would take an interest in Shark Boy's story, but this isn't what he had in mind.
"That's the shame of it," he said. "I've been working at this a long time."
From 1wrestling.com
DOES SHARK BOY HAVE A CASE AGAINST DISNEY?
By: John Daly
6/8/2005 12:25:36 PM
TNA wrestler Shark Boy has reportedly filed a lawsuit against Disney for using his trademarked ring-name for one of the title characters in their upcoming film, "The Adventures of Shark Boy & Lava Girl in 3-D".
One may argue that Shark Boy doesn't have any feet to stand on, since the movie industry and professional wrestling are two separate types of businesses. However, there is a pretty strong precedent in the wrestler's favor. Long ago, Marvel Comics trademarked the name "Hulk" for their famous super-hero. Thus the WWE and WCW have had to strike deals, in the past with Marvel Comics, to be allowed to use and ! market that name.
To me, this conflict seems to be just as valid. Shark Boy trademarked the name five years ago, long before the Disney film had begun production. Both names are now being used for "fantasy" characters in products directed (at least in some part) toward children.
I'm really surprised Disney didn't think to look up the name for a possible trademark problem, prior to producing the film. It's also ironic that the star of the film, David Arquette, is an avid wrestling fan who most likely would have been familiar with the wrestler. One has to wonder if he ever mentioned the possible conflict to the director/producer Robert Rodriguez.
Shark Boy has stated that he wants to keep Disney from releasing their film because of the trademark infringement. I honestly don't see this happening, but I wouldn't be surprised to see the wrestler win a large settlement, based on the marketing rights. I'm no lawyer, and won't pretend to understand the ins and outs of our legal system, but I'd say Shark Boy has a pretty legitimate case. It will be interesting to see what happens.
You can send feedback to coloradorocket@hotmail.com
