Black Widow
04-15-2008, 06:56 PM
LATEST ON WWE LAWSUIT OVER AWA NAME: DALE GAGNER ORDERED TO PAY WWE COURT FEES AFTER NOT RESPONDING TO COURT MANDATES
Judge Janie S. Mayeron ordered AWA Superstars President Dale Gagner to pay World Wrestling Entertainment $3,000 in court costs stemming from Gagne failing to respond to WWE lawyers' attempts to garner documents as part of the discovery phase of their lawsuit on 4/11.
World Wrestling Entertainment is currently suing Gagner's AWA Superstars company, claiming copyright infringement on the American Wrestling Association name, which they purchased from Verne Gagne. They had asked for a judgment of default that would cover their attorney's fees in regard to the discovery period and that Gagner be barred from using any documentation he fails to provide during discovery (as is required by law) during the actual trial, should the case move into the trial stage.
Judge Mayeron sided with WWE after Gagner ignored repeated attempts by the court to bring him in line. He was ordered to pay $3,000 and set up a payment plan of $50 a month, claiming he was unable to afford any greater number. WWE had attempted to receive a reimbursement of $5,761.04.
WWE was upset about Gagner dragging his feet with them during the discovery process of the lawsuit, including requests about the scope of Gagner's use of the AWA trademarks, which have (as of this writing) still gone unanswered. WWE noted in their motion that Gagner claimed he did not receive the requests, despite the fact WWE sent them the same physical address that was used to serve him with the notice of the lawsuit and also received confirmation that a faxed copy was received to Gagner's fax line.
WWE was specifically seeking background information on Gagner's use of the AWA trademarks, the associated Internet sites he had used with those trademarks, any money Gagner made using the AWA name, the lawsuit brought against him previously by the Minneapolis Boxing & Wrestling Club (parent company of Verne's company) and Gagne forming the AWA Wrestling Entertainment corporation.
WWE filed their lawsuit in April 2007, alleging, 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 singled 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 suit 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 claimed 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.
When contacted in regard to the lawsuit by PWInsider.com in April 2007, Gagner responded:
Thank you for the e-mail. Our office wasn't served with the lawsuit until just an hour or so ago. Obviously, it would be pre-mature for me to offer any official comment or legal strategy upon the advise of my attorney, since we haven't had time to review the case in detail. I can say however that AWA Wrestling Entertainment, Inc. registered the AWA name and use in 1996. We've promoted the brand for over 10 years. WWE is attempting to re-create history through the legal system, a tactic we all know too well. Their first attempt is to discredit me and my contributions to this business. The injunction they claim that was filed against me by Minneapolis Boxing and Wrestling Club, Inc. in 1990 wasn't recognized after Verne's company went bankrupt in 1991. Their claim against my name is laughable. I've never claimed a relationship to Verne Gagne other than that which is true. I worked for him in the late 1980's and am indeed a distant relative. Research of our family lineage proves that.
Clearly, Vince McMahan and WWE want to monopolize the professional wrestling business. They also want to ensure their performers, under exclusive contract, are considered "independent contractors" by deceiving the IRS. I've been in the business for over 20 years and finally will have a public platform to expose Vince McMahon. He's about to spend a lot of money to reveal some skeletons in his closet. My course of action isn't directed out of spite. It's simply to protect my name and reputation along with the AWA, a brand I have passionately re-built, along with a team of incredible promoters, since 1996.
Dale R. Gagne
Since the lawsuit has been filed a number of AWA "members", including Japan's ZERO-ONE, have pulled out of the organization, which Gagner has classified as the AWA not "renewing" their memberships.
PWInsider.com
Judge Janie S. Mayeron ordered AWA Superstars President Dale Gagner to pay World Wrestling Entertainment $3,000 in court costs stemming from Gagne failing to respond to WWE lawyers' attempts to garner documents as part of the discovery phase of their lawsuit on 4/11.
World Wrestling Entertainment is currently suing Gagner's AWA Superstars company, claiming copyright infringement on the American Wrestling Association name, which they purchased from Verne Gagne. They had asked for a judgment of default that would cover their attorney's fees in regard to the discovery period and that Gagner be barred from using any documentation he fails to provide during discovery (as is required by law) during the actual trial, should the case move into the trial stage.
Judge Mayeron sided with WWE after Gagner ignored repeated attempts by the court to bring him in line. He was ordered to pay $3,000 and set up a payment plan of $50 a month, claiming he was unable to afford any greater number. WWE had attempted to receive a reimbursement of $5,761.04.
WWE was upset about Gagner dragging his feet with them during the discovery process of the lawsuit, including requests about the scope of Gagner's use of the AWA trademarks, which have (as of this writing) still gone unanswered. WWE noted in their motion that Gagner claimed he did not receive the requests, despite the fact WWE sent them the same physical address that was used to serve him with the notice of the lawsuit and also received confirmation that a faxed copy was received to Gagner's fax line.
WWE was specifically seeking background information on Gagner's use of the AWA trademarks, the associated Internet sites he had used with those trademarks, any money Gagner made using the AWA name, the lawsuit brought against him previously by the Minneapolis Boxing & Wrestling Club (parent company of Verne's company) and Gagne forming the AWA Wrestling Entertainment corporation.
WWE filed their lawsuit in April 2007, alleging, 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 singled 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 suit 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 claimed 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.
When contacted in regard to the lawsuit by PWInsider.com in April 2007, Gagner responded:
Thank you for the e-mail. Our office wasn't served with the lawsuit until just an hour or so ago. Obviously, it would be pre-mature for me to offer any official comment or legal strategy upon the advise of my attorney, since we haven't had time to review the case in detail. I can say however that AWA Wrestling Entertainment, Inc. registered the AWA name and use in 1996. We've promoted the brand for over 10 years. WWE is attempting to re-create history through the legal system, a tactic we all know too well. Their first attempt is to discredit me and my contributions to this business. The injunction they claim that was filed against me by Minneapolis Boxing and Wrestling Club, Inc. in 1990 wasn't recognized after Verne's company went bankrupt in 1991. Their claim against my name is laughable. I've never claimed a relationship to Verne Gagne other than that which is true. I worked for him in the late 1980's and am indeed a distant relative. Research of our family lineage proves that.
Clearly, Vince McMahan and WWE want to monopolize the professional wrestling business. They also want to ensure their performers, under exclusive contract, are considered "independent contractors" by deceiving the IRS. I've been in the business for over 20 years and finally will have a public platform to expose Vince McMahon. He's about to spend a lot of money to reveal some skeletons in his closet. My course of action isn't directed out of spite. It's simply to protect my name and reputation along with the AWA, a brand I have passionately re-built, along with a team of incredible promoters, since 1996.
Dale R. Gagne
Since the lawsuit has been filed a number of AWA "members", including Japan's ZERO-ONE, have pulled out of the organization, which Gagner has classified as the AWA not "renewing" their memberships.
PWInsider.com