An update on a lawsuit that involves AEW and WWE.
The two companies are facing a lawsuit from Anthony Duane Wilson. Wilson claims that both companies have used his creative works without his permission, including wrestling gimmicks, names, slogans, and likeness. He alleges that WWE, its contractors, and employees have infringed on his intellectual property multiple times.
Wilson also claims that he had plans to start his own promotion and had discussions with members of the Bullet Club to join him. However, he alleges that they stole his plans and cut him out without giving him credit or the portion of the company he believes he’s entitled to as the creator. He also stated that this situation has caused him market, product, personal, and financial damages. He alleges that both AEW and WWE continue to use his works without crediting him or paying for them, and that all of this was done to maliciously derail his career.
Wilson is seeking $250,000,000 in damages and the return of all his intellectual property. He filed the lawsuit initially in August 2023, but it was dismissed in December 2023 due to neither defendant being served within 90 days of the lawsuit being filed. However, he re-filed the lawsuit, and this time, both AEW and WWE were served.
AEW had this response when they requested a jury trial:
“Wilson’s Complaint, in whole or in part, fails to state a claim upon which relief may be granted.
Wilson’s Complaint, in whole or in part, fails to comply with Fed. R. Civ. P. 8 because it fails to provide a “short and plain statement of the claim showing that the pleader is entitled to relief.”
Wilson’s Complaint, in whole or in part, is barred by the applicable statute(s) of limitations.
To the extent Wilson alleges a claim for copyright infringement, such a claim is barred because Wilson does not allege the existence of a registered copyright.
To the extent Wilson alleges a claim for copyright infringement, such a claim is barred because any alleged work is not an original work of authorship.
To the extent Wilson alleges a claim for copyright infringement, such a claim is barred because of All Elite’s independent development of any allegedly infringing work.
To the extent Wilson alleges a claim for copyright infringement, such a claim is barred by fair use.
To the extent Wilson alleges a claim for trademark infringement and/or unfair competition, such a claim is barred because Wilson does not allege the existence of a valid trademark.
To the extent Wilson alleges a claim for trademark infringement and/or unfair competition, such a claim is barred by fair use.
To the extent Wilson alleges a claim for trademark infringement and/or unfair competition, such a claim is barred by the First Amendment.
To the extent Wilson alleges a claim for trademark infringement and/or unfair competition, such a claim is barred by abandonment.
To the extent Wilson alleges a claim for violation of his right of publicity and/or invasion of privacy, such a claim is barred because Wilson’s name, likeness, and/or persona have no commercial value and/or were not used by AEW for a commercial purpose or for commercial profit.
To the extent Wilson alleges a claim for violation of his right of publicity and/or invasion of privacy, such a claim is barred by the First Amendment.
To the extent Wilson alleges a claim for fraud, it is barred because he failed to plead it with specificity as required by Fed. R. Civ. P. 9.
To the extent Wilson alleges a claim for tortious interference, it is barred because no enforceable contract existed at the time of AEW’s alleged improper conduct.
To the extent Wilson alleges a claim for tortious interference, it is barred because there was no breach of an underlying contract or disruption of an underlying relationship.
To the extent Wilson alleges a claim for tortious interference, it is barred because AEW’s actions were legally justified and/or privileged, including but not limited to the privilege of fair competition.
To the extent Wilson alleges a claim for tortious interference, it is barred because the underlying contract was unconscionable.
To the extent Wilson alleges a claim for tortious interference, it is barred because AEW has no duty to contract with Wilson.
To the extent Wilson alleges a claim for conversion, such a claim is barred by abandonment.
To the extent Wilson alleges a claim for conversion, such a claim is barred by the non-existence of, failure to identify, or lack of value of the allegedly converted property.
To the extent Wilson alleges an entitlement to special damages, such a claim is barred by the failure to plead with particularity as required by Fed. R. Civ. P. 9.
Wilson’s claims are barred, in whole or in part, due to Wilson’s failure to mitigate its damages.
Wilson’s claims are barred, in whole or in part, because to the extent Wilson has suffered any damages, those damages were caused by his own actions or inactions, or the actions or inactions of third parties.
Wilson’s claims are barred, in whole or in part, by the doctrines of waiver, laches, estoppel, and unclean hands.
Wilson’s claims are barred, in whole or in part, by lack of consideration.
AEW reserves the right to amend this Answer and to raise any additional affirmative defenses not pleaded herein should it discover that such defenses are appropriate and/or available. WHEREFORE, having fully answered and stated affirmative defenses, AEW prays for judgment in its favor, for an award of attorneys’ fees and costs, and for such other further relief as this Court deems just and proper.”
