Titan sues WCW over use of Hall and Nash:
On Monday court strikes down WWF’s request for immediate restraining order
The wrestling war moved into the courts last Thursday when the WWF filed a lawsuit accusing WCW of defamation, slander, trademark infringement, and unfair competition.
As part of their complaint, they sought an immediate temporary restraining order (TRO) against further use of Scott Hall and Kevin Nash in ways that could deceive or confuse the wrestling public into thinking the WWF was affiliated with their ongoing WCW storyline.
Chief U.S. District Judge Peter C. Dorsey heard both sides argue in his courtroom Monday afternoon, June 24.
He set aside two hours to hear their arguments and by the end was neither convinced the WWF deserved a TRO nor convinced that their request should be thrown out.
Instead, he said he’d prefer to settle the issue after giving both sides more time to present their cases.
He set aside a four-day period in mid-July when he will hear both sides at length.
Judge Dorsey did suggest that WCW tone down the persona of Hall and Nash between now and the hearing.
WCW attorney David Dunn asked whether the WWF planned to proceed with their claim that the portrayal of Nash and Hall on the June 16 Great American Bash pay-per-view constituted trademark infringement.
WWF attorney Jerry McDevitt responded, “The suggestion that the WWF is somehow affiliated (with the WCW storylines) never goes away,” despite WCW having Nash and Hall admit they no longer work for the WWF.
Although the WWF didn’t exactly get what they wanted, they were not laughed out of the courtroom either.
Had they gotten a TRO, it is conceivable that WCW would have had to scrap the Hall & Nash angle and change the main event of Bash at the Beach.
It is still possible that following the mid-July hearing, WCW will be forced to make major changes in the direction of their storyline.
Even if the judge sees things WCW’s way and rules that the Hall and Nash storyline is not worthy of issuing a restraining order against the continuation of the angle, WCW still faces a lawsuit that will be heard in Connecticut Federal Court several months down the line.
The main contention of the WWF in the lawsuit – which spans nearly 30 pages and covers many diverse bases – is that WCW has attempted to deceive fans into thinking the WWF is affiliated and backing the invasion of Hall and Nash into WCW.
Said McDevitt in court Monday afternoon: “It’s like Batman or Superman.
We created these characters and wrestling fans have come to associate them with the WWF.
Why would anyone like Ted Turner pay them $750,000 a year, put them in the trade dress of Diesel and Razor Ramon, and not give them a name?”
McDevitt said if the portrayal of Hall and Nash does not stop, “the way it affects the WWF is incalculable.”
The lawsuit’s introduction sets the table, establishing the ownership and management of WCW and the WWF. Then it tells of the WWF’s history.
“The creative genius in the development and portrayal of distinctive characters and personas is effectively the principal method by which the WWF competes with the enormous financial and network power of TBS.”
Adds the lawsuit: “Unlike the WWF, WCW has no reputation for creativity in developing and then promoting wrestlers as distinctive characters and personas.”
The lawsuit then tells of TBS’s failed attempts to purchase the WWF or work with the WWF on interpromotional events because of the WWF’s “desire to remain an independent, family-owned business promoting its own product.”
The WWF contends in the lawsuit, “WCW thereafter began systematically copying virtually everything done by the WWF, raiding its talent, pawning off the WWF’s reputation, and infringing Titan’s rights.”
The suit establishes that Hall and Nash previously worked for WCW under different and “relatively obscure” personas, but their contracts were not renewed in May 1992 and June 1993 respectively.
The WWF said upon their hiring of Hall they developed a “unique name, persona, and trade dress” including a Hispanic accent, slicked back hair in a ponytail with a curl in the front, a toothpick in his mouth, multiple chains around his neck, razor blade jewelry or razor blade designs on his clothing, wrestling shorts, a vest, wrestling boots, and elbow and knee pads.”
The WWF says the persona of Diesel included “a goatee-style 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 and sunglasses, and black leather boots.”
After establishing the histories of Monday Night Raw and Monday Nitro, the lawsuit states: “From inception, TBS and WCW utilized the Nitro show as a vehicle to disparage, defame, and libel the WWF and its talent rather than promote its own product on its own merits.
A constant and on-going theme of Nitro was that WWF wrestlers were leaving the WWF to join WCW because that was ‘where the big boys play.’
At the same time, TBS and WCW agents, employees, and operatives constantly used their media power and unlimited checkbook to suggest that WWF talent should join WCW with promises of lucrative contracts.
As part of its systematic corporate plan to harm the WWF as opposed to promoting its own product on its own merits, WCW employees and agents constantly circulated phony and false rumors of Titan’s supposed impending bankruptcy so as to maximize its changes of luring talent away from the WWF.”
The lawsuit then explains Titan’s argument that the promotion of Hall and Nash has been illegal.
After signing Hall and Nash, “WCW began to implement plans to deceive the public about the status of Hall and Nash” and it was done in a way to “deceive and confuse consumers by falsely suggesting that Hall and Nash were not, and would not be, affiliated with WCW if and when they appeared on Nitro.”
The lawsuit then used WCW vice president Eric Bischoff’s actions to back their argument.
They pointed out that Bischoff said in a newspaper interview that despite reports elsewhere, Nash and Hall had not signed with WCW.
They, in fact, already had. The lawsuit says when Hall debuted on Nitro, Bischoff acted shocked.
Hall’s rehearsed speech, they contend, resulted in consumers being confused into believing that interpromotional matches between WCW and WWF wrestlers would be seen on TNT.
Titan says this was all done by WCW to bolster Nitro’s “sagging ratings.”
The lawsuit says that to further confuse the consumers into believing Hall and Nash weren’t officially with WCW, but instead were representing the WWF, Hall and Nash spoke derogatively to Bischoff about WCW and its wrestlers and made references to the WWF’s parodies of WCW that aired earlier that year on Raw.
The lawsuit says WCW didn’t give Nash and Hall new identities in order to not shatter the image that they were still, in fact, Diesel and Razor Ramon representing the WWF.
The lawsuit then cites excerpts from WCW 900 line features which went even further to suggest this was indeed an interpromotional feud.
In one excerpt, Mark Madden referred to Hall and Nash as “The Bad Guy” and “Big Daddy Cool.”
Regarding a match between them and WCW wrestlers, Madden said: “I’d love to see it.
I hope to see it. But I don’t know if a match of that magnitude can be put together that quick, especially given the legalities of using non-WCW wrestlers.”
The lawsuit also quoted Madden refuting McMahon’s statement on Raw that Hall and Nash no longer work for the WWF.
Said Madden: “What else would McMahon say? I mean, when the good old US of A caught those dirty commie nuclear spies Julius and Ethel Rosenberg, and fried them in the electric chair in the ’50s, Russia didn’t step forward and admit responsibility.
Espionage is espionage. It’s secret.”
According to Madden, dating back to when those 900 reports were read, WCW required him to turn in his scripts 24 hours in advance so an official would have time to approve what would be said the next day.
He also says he was told explicitly by Bischoff to treat the Hall and Nash angle “as a shoot.”
In the last two months, Madden received an approximate 50 percent pay raise for his 900 line duties.
The WWF accuses WCW of bait and switch tactics by suggesting that Hall and Nash would wrestle on June 16 when in fact they were only planning to appear for an interview and angle.
The lawsuit refers to Bischoff asking Hall and Nash if they work for the WWF and Hall and Nash saying no.
“Bischoff had no reason to even ask the above question unless he knew that consumers who bought the pay-per-view had been deliberately misled into believing that Nash and Hall were affiliated with the WWF.”
The WWF said that the “false and misleading descriptions and misrepresentations of fact will cause Titan to lose control over the quality of its services and will injure Titan’s reputation for the production and delivery of the highest quality wrestling entertainment services.”
There are four specific counts against WCW in the lawsuit.
The first two accuse WCW of unfair competition (by suggesting an interpromotional war) and trademark infringement (through the portrayal of Hall and Nash).
The third count contends “unfair competition” since WCW circulated rumors that the WWF was going bankrupt and that could have led to wrestlers being more apt to leave the WWF for guaranteed WCW contracts.
The final count accuses WCW of defamation and libel.
They cite Bischoff on the Feb. 5 Nitro implying the WWF had something to do with the lights in the arena going out.
McMichael then had said: “I like the competition stabbing at us because that means we’re on top and they’re just playing catch-up baby.”
Bischoff said he likes a good fight.
The lawsuit says those statements were false, were made with a reckless disregard for the truth, were defamatory, and were made with ill will and actual malice.
They cite a Feb. 7 900 report by Madden: “So, where were you when the lights went out? What caused the blackout at Monday Nitro? Eric Bischoff implied on the air that it was sabotage by the WWF.
You know, the WWF recently hired a guy named Bret Hart. No kidding.
It’s not the same guy, but that’s his name, Bret Hart, who used to be an executive at the Lakeland…
Civic Center where Nitro was held on Monday.
Now, I’m not saying he turned out the lights, but he would probably know how to arrange it.”
Madden tells us he was told the story by a WCW official who also gave him permission or suggested he use it on his 900 line segment.
The lawsuit also says that on Feb. 10 Gene Okerlund speculated during his segment that the power outage could have been caused by an associate of McMahon who knew the arena at which the blackout occurred, concluding, “Some say it could have been sabotage.”
In retribution, the WWF asked the court to grant a TRO preventing WCW from making an explicit or implicit statement or indication that the WWF is affiliated with any WCW event, using any trademarks, service marks, trade dress, etc. in a manner in which a consumer may believe the WWF is behind the storyline, or using any elements of the Razor Ramon or Diesel gimmicks.
They also asked for all footage through the date the lawsuit was filed (June 20) containing Hall and Nash to be destroyed.
That request was heard Monday with no decision being rendered.
Their requests for retribution regarding the lawsuit, rather than the TRO, then become very specific and extensive.
They ask that WCW be required to state at the beginning, middle, and end of every Nitro program and for upcoming pay-per-views for the immediate future that (a) Hall and Nash are both under contract to WCW and that all their actions since May 27, 1996 have been at the direction of WCW; (b) Any suggestion by Defendants that Hall and Nash were with or affiliated with the WWF since May 27, 1996 were false and misleading; (c) The WWF was not and has not been in any way affiliated with the portrayal of Hall and Nash since May 27, 1996; (d) That there will be no interpromotional matches between WCW and the WWF and that any suggestions to that effect by WCW and TBS personnel were false; and (e) That consumers who wish to view WWF wrestlers should watch the WWF’s programs including Monday Night Raw which airs on the USA Network Monday nights at 9:00 p.m. EST.”
The lawsuit also seeks an amount equal to triple all profits which WCW has derived from the “willful misrepresentations of fact” regarding Titan’s affiliation with WCW, plus court costs and punitive damages.
They requested a trial by jury when the lawsuit is heard in court.
No date has been set yet for the lawsuit.
As of press time, the only clues regarding WCW’s defense of the lawsuit came at Monday’s hearing regarding the WWF’s attempt to get a TRO.
The Connecticut Post’s Michael Mayko covered the hearing and reported some of WCW’s arguments.
WCW attorney David Dunn contended that during the June 16 pay-per-view, WCW already admitted that Nash and Hall are not employed by the WWF.
He also pointed out that many of Hall’s characteristic trademarks – the toothpick in his mouth, the slicked back hair, and unshaven face were developed in his previous WCW stint as the Diamond Studd.
“Those are characteristics that belong to Hall,” said Dunn.
Dunn also said that of 41 wrestlers who have jumped between the two organizations over the last six years, 28 continued to use the same names without any lawsuits being brought.
WCW sources indicate that some top wrestlers and officials were skeptical of WCW’s brash approach in the angle.
Kevin Sullivan wasn’t the primary booker of the angle.
Rather Bischoff and Hall were the primary architects of the plan.
Hall has been more willing to test the boundaries of the WWF’s trademark of the Ramon character, keeping the Hispanic accent which he first used in the WWF.
Nash, on the other hand, has deliberately stayed away from any characteristics specific to Diesel.
The WWF does not have Diesel or Big Daddy Cool registered as a trademark, but claims full rights by common law.
The Ramon character, meanwhile, is a registered trademark.
Some in WCW who have spoken out against the brash portrayal of Hall and Nash may actually be more concerned about whether Hall and Nash will usurp their position in WCW than whether or not the portrayal is actually unfair to the WWF.
On the June 24 Monday Nitro, following the hearing in Connecticut earlier that day, WCW continued its heavy push of the Bash at the Beach main event with Hall & Nash.
They didn’t suggest in any way Hall and Nash represent WWF, but instead said they were attempting a “hostile takeover” of WCW, and suggested Hall and Nash may attempt to take over other sports organizations in the future.
The WWF contends no matter what WCW does now, the damage has already been done and they deserve retribution, not only for the Hall and Nash angle, but other libelous comments made by WCW.
