WWE/AWA Lawsuit Update

  • Welcome to "The New" Wrestling Smarks Forum!

    I see that you are not currently registered on our forum. It only takes a second, and you can even login with your Facebook! If you would like to register now, pease click here: Register

    Once registered please introduce yourself in our introduction thread which can be found here: Introduction Board


OsamaHussian

Active Member
Joined
Feb 7, 2007
Messages
1,368
Reaction score
0
Points
36
Age
33
Location
N/A
- Judge Janie S. Mayerton has ordered that Dale Gagner, President of the "AWA Superstars" promotion pay WWE $3,000 in court costs. This is due to Gagner failing to present documents to WWE lawyers during the discovery phase. Gagner ignored repeated attempts to get these documents, and the judges ruled for WWE. Gagner will pay WWE $50 a month, saying that he cannot pay any more than that. WWE tried to get a judgment of $5,761.04.

- WWE was upset that Gagner ignored requests for the paperwork. WWE was also upset that there has been no official ruling on the use of the AWA trademark, which Gagner used. WWE said that Gagner stated that he did not receive these requests. But the fact is that WWE sent them the same physical address that was used to serve him with the notice of the lawsuit and they also received confirmation that a faxed copy was received to Gagner's fax line.

- WWE is specifically seeking all background information on Gagner's use of the AWA trademarks, all associated Internet sites he used with those trademarks, reports on all money Gagner made using the AWA name, as well as everything on the lawsuit against him previously by the Minneapolis Boxing & Wrestling Club. This was the parent company of Verne's AWA, which led to the forming of the AWA Wrestling Entertainment corporation.

- WWE originally filed their lawsuit in April 2007. They alleged that Gagner's "AWA Wrestling Entertainment" misrepresented itself as the successor to Verne Gagne's promotion, which shut down operations in 1990. WWE also claims 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." Also in the suit, WWE alleges that there was a clear intent on Gagne's part 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 is trying to obtain a permanent injunction against Gagner, in order to prevent him and his company from using the AWA trademarks and initials in the future. Also an injunction preventing him from doing so in a similar manner in the future, as well as 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.

Credit: Pwinsider.com