Post by Head Booker on Apr 26, 2007 16:05:41 GMT -6
WORLD WRESTLING ENTERTAINMENT FILES LAWSUIT AGAINST DALE GAGNER'S AWA FOR TRADEMARK INFRINGEMENT AND CLAIMING TO BE THE ORIGINAL AWA PROMOTION
by Mike Johnson @ 2:53:00 PM on 4/26/2007
World Wrestling Entertainment filed a trademark infringement lawsuit on 4/25 in the United States District Court of Minnesota against Dale R. Gagner for using thetrademarks and copyrights of the American Wrestling Association (AWA), which WWE acquired from Verne Gagne in 2003 along with Gagne's AWA video library.
The 17 page complaint by WWE alleges, among other charges, that Gagner's "AWA Wrestling Entertainment" misrepresents itself as the successor to Verne Gagne's promotion, which shut down operations in 1990.
The complaint singles out Gagner, listed as the owner of "AWA Wrestling Entertainment" as a "serial offender", noting that in April 1990, The Minneapolis Boxing & Wrestling Club (which then owned the AWA trademarks) filed a similar claim against Gagner. The courts ruled against Gagner in June 1990, enjoining he and his company from creating any claims that represented him as part of the original AWA promotion. WWE also alleges that Gagner has gone as far as to change the spelling of his name professionally to "Gagne" in an attempt to play off Verne Gagne's name when there is no relation between the two.
WWE's complaint delves into the history of both WWE and the original American Wrestling Association, noting that Verne Gagne promoted the AWA until 1990, when he shut down the company. WWE noted that they acquired the library, copyright, and trademarks in January 2003 when they purchased them from Gagne, who was later inducted into the WWE Hall of Fame. WWE's subsidiary "WWE Libraries, Inc" is now the exclusive owner of the AWA and has the exclusive rights to use its letters, name, and properties.
WWE noted that they have spent time and effort into reviving the AWA brand, most notably with their recent AWA DVD, while Gagner's company is "cybersquatting" with their websites www.AWAStars.com and www.myspace.com/AWAStars.
Gagner's website features images of Verne Gagne, The Vachons, Nick Bockwinkel, The Crusher, and The Bruiser, and the tag line "Since 1959, the Major League of Professional Wrestling." The company's title lineage dates back to Pat O'Connor and Verne Gagne in the 1950s as well. The website features a number of upcoming dates from independent promotions around the country, which are using the AWA letters and logo, having paid an "entrance fee" to join the promotion.
WWE also alleges that despite not having rights to the AWA name and trademark, Gagner is, "selling merchandise, including hats and t-shirts, featuring the AWA marks; promoting wrestling activities, performances, and events using the AWA marks; presenting information relating to the historical AWA wrestling promotion; and displaying images on its website of wrestlers formerly associated with the AWA promotion." WWE alleges that Gagner's "clear intent" is to "misrepresent that the Defendants are the successors to and/or affiliated with the AWA wrestling promotion. At no time have Defendants, individually or collectively, been affiliated with WWE or the AWA wrestling promotion."
WWE claims that by Gagner's use of the AWA trademark and letters, the company has been "irreparably harmed." noting the company "has lost its exclusive right and ability to control and/or determine the manner, appearance, timing, location, content and image of the AWA Marks, in which WWE has invested considerable resources to acquire, develop, and promote" while noting that Gagner's company has "unlawfully and unjustly" been able to benefit from properties that World Wrestling Entertainment legally owns.
WWE is seeking a permanent injunction against Gagner to prevent him and his company from using the AWA trademarks and initials in the future, an injunction preventing him from doing so in a similar manner in the future, an injunction shutting down Gagner's websites followed by the domains being transferred to WWE's ownership, financial damages and World Wrestling Entertainment's legal costs.
There is expected to be some local media coverage of the lawsuit in the State of Minnesota in the next 24 hours
by Mike Johnson @ 2:53:00 PM on 4/26/2007
World Wrestling Entertainment filed a trademark infringement lawsuit on 4/25 in the United States District Court of Minnesota against Dale R. Gagner for using thetrademarks and copyrights of the American Wrestling Association (AWA), which WWE acquired from Verne Gagne in 2003 along with Gagne's AWA video library.
The 17 page complaint by WWE alleges, among other charges, that Gagner's "AWA Wrestling Entertainment" misrepresents itself as the successor to Verne Gagne's promotion, which shut down operations in 1990.
The complaint singles out Gagner, listed as the owner of "AWA Wrestling Entertainment" as a "serial offender", noting that in April 1990, The Minneapolis Boxing & Wrestling Club (which then owned the AWA trademarks) filed a similar claim against Gagner. The courts ruled against Gagner in June 1990, enjoining he and his company from creating any claims that represented him as part of the original AWA promotion. WWE also alleges that Gagner has gone as far as to change the spelling of his name professionally to "Gagne" in an attempt to play off Verne Gagne's name when there is no relation between the two.
WWE's complaint delves into the history of both WWE and the original American Wrestling Association, noting that Verne Gagne promoted the AWA until 1990, when he shut down the company. WWE noted that they acquired the library, copyright, and trademarks in January 2003 when they purchased them from Gagne, who was later inducted into the WWE Hall of Fame. WWE's subsidiary "WWE Libraries, Inc" is now the exclusive owner of the AWA and has the exclusive rights to use its letters, name, and properties.
WWE noted that they have spent time and effort into reviving the AWA brand, most notably with their recent AWA DVD, while Gagner's company is "cybersquatting" with their websites www.AWAStars.com and www.myspace.com/AWAStars.
Gagner's website features images of Verne Gagne, The Vachons, Nick Bockwinkel, The Crusher, and The Bruiser, and the tag line "Since 1959, the Major League of Professional Wrestling." The company's title lineage dates back to Pat O'Connor and Verne Gagne in the 1950s as well. The website features a number of upcoming dates from independent promotions around the country, which are using the AWA letters and logo, having paid an "entrance fee" to join the promotion.
WWE also alleges that despite not having rights to the AWA name and trademark, Gagner is, "selling merchandise, including hats and t-shirts, featuring the AWA marks; promoting wrestling activities, performances, and events using the AWA marks; presenting information relating to the historical AWA wrestling promotion; and displaying images on its website of wrestlers formerly associated with the AWA promotion." WWE alleges that Gagner's "clear intent" is to "misrepresent that the Defendants are the successors to and/or affiliated with the AWA wrestling promotion. At no time have Defendants, individually or collectively, been affiliated with WWE or the AWA wrestling promotion."
WWE claims that by Gagner's use of the AWA trademark and letters, the company has been "irreparably harmed." noting the company "has lost its exclusive right and ability to control and/or determine the manner, appearance, timing, location, content and image of the AWA Marks, in which WWE has invested considerable resources to acquire, develop, and promote" while noting that Gagner's company has "unlawfully and unjustly" been able to benefit from properties that World Wrestling Entertainment legally owns.
WWE is seeking a permanent injunction against Gagner to prevent him and his company from using the AWA trademarks and initials in the future, an injunction preventing him from doing so in a similar manner in the future, an injunction shutting down Gagner's websites followed by the domains being transferred to WWE's ownership, financial damages and World Wrestling Entertainment's legal costs.
There is expected to be some local media coverage of the lawsuit in the State of Minnesota in the next 24 hours
