Martha Hart files an updated lawsuit against Vince and Linda McMahon and WWE

Martha Hart filed an updated lawsuit against Vince and Linda McMahon and WWE in the ongoing battle over WWE's usage of Owen Hart's name and likeness. The new claims include:

*Owen's name would have reverted back to strictly his usage after his passing.

*That Owen's legal name is not a "ring name" and therefore WWE does not have the rights to use, market and promote that name in their materials and DVD releases.

*That WWE released eight DVDs and other items (including the WWE Encylopedia) without proper payments to Owen Hart's estate per his contract with Titan Sports, which required that royalty payments continue after his death.

*WWE used original intellectual property such as family photos without the estate's permission.

*That the Owen Hart Foundation has been hurt its unwanted association with WWE through their usage of Owen Hart video and material.

Linda McMahon filed a motion on May 2nd asking for more time to respond to the updated complaint. There was a settlement conference on the 4th via telephone to try and settle out of court. No word on how that went. A court date for a potential settlement was set for this September.

source: kokosports.com

And people wonder why Owen Hart isn't in the WWE Hall of Fame.

This Day in Wrestling History

Happy Birthday to Owen Hart
May 7, 1965

Ric Flair defeated Ricky Steamboat for the NWA World Title.
May 7, 1989

Split Decision in Widow's Suit Against WWE Over Use of Wrestler Owen Hart's Likeness

As World Wrestling Entertainment prepared for this weekend's Wrestlemania XXVIII—which features a heavily hyped match between John Cena and wrestler-turned-actor Dwayne "The Rock" Johnson—the company claimed a partial win in the latest round of its ongoing legal skirmish with onetime WWE star Owen Hart's widow.

On Wednesday, Connecticut federal district court judge Stefan Underhill dismissed most of Martha Hart's claims against the company, and dismissed all of her claims against WWE chairman and chief executive officer Vince McMahon and his wife, former WWE CEO and current Republican U.S. Senate candidate Linda McMahon.

Underhill's ruling didn't throw Martha Hart for a total loss. The judge allowed her claim for unpaid royalties against the WWE to move forward.

WWE attorney McDevitt tells The Am Law Daily he is pleased the court adopted his position with regard to the intellectual property issues.

"We were correct on our interpretation of the booking agreement," says McDevitt, who was in Miami Friday, getting ready to attend Wrestlemania. What happens now, McDevitt says, is up to Martha Hart. "I don't know whether she wants to resolve it. We've always been willing to talk. If she wants to talk to us, she can."

Martha Hart's attorney, Rubenstein, says his client intends to continue pursuing the case and is still considering the judge's decision...More?

source: amlawdaily

This Day in Wrestling History

Mick Foley loses 2/3 of his right ear after getting tangled in the ring ropes during a match with Vader overseas.
March 16, 1994

Triple H defeated Owen Hart for the WWF(E) European Heavyweight title
March 16, 1998

This Day in Wrestling History

Alex Aberg draws with Ed "Strangler" Lewis at the Manhattan Opera House.
December 4, 1915

In a rather controversial segment, Rowdy Roddy Piper blamed Vince Russo for the death of Owen Hart live on NWA TNA's weekly PPV event.
December 4, 2002

Paul Heyman made his exit from World Wrestling Entertainment. Heyman was sent home from a Raw/ECW taping in North Carolina following a meeting with Vince McMahon, one day after the disastrous ECW December to Dismember Pay-per-view. Heyman was removed from the ECW Creative team, while a storyline reason for his departure was posted on WWE.com, stating Vince sent him home because: "The WWE Chairman cited slumping television ratings and a disgruntled talent roster as causes for Mr. Heyman's dismissal." Heyman had been portraying the heel "ECW Representative" on television.

The backstage story was that Vince McMahon was irate about how awful the PPV was and wanted to pin the blame on Heyman for it, despite many feeling that the poor PPV (which ended a half hour early) was the result of what the McMahons (Vince and Stephanie) booked for the show. Heyman was said to be unhappy with the way that the PPV was booked and backstage sources claim he voiced that concern both before the show began and after it. It was obvious that there were issues between Vince McMahon and Heyman because of the how the show played out on PPV, with everyone knowing it was a disaster.

A number of sources stated that a meeting was held around two o'clock with Heyman, Vince McMahon and Stephanie McMahon-Levesque. Heyman came out of the meeting and seemed like his normal self, with no one realizing what had just taken place. Shortly thereafter, Heyman gathered his things and left the building to go home.
December 4, 2006

Eddie Fatu, better known to WWE fans as Umaga, passes away.
December 4, 2009

partial source: pwinsider.com

This Day in Wrestling History

Frank Gotch, who hasn't wrestled since August, again announces his "retirement." This time he says Jess Westegaard deserves the title. Gotch would be back in action before the year is out.
November 7, 1912

The WWF(E) agrees to pay $18 million to the Hart family as a settlement for the Owen Hart wrongful death suit.
November 7, 2000

This Day in Wrestling History

In Houston, Texas, Vince McMahon creates the WWF "Hardcore Championship" and awards it to Mankind (Mick Foley). Ironically, Mankind would hold the title for less than a month, and never win it back. Despite this, the Hardcore Title is often associated with Foley.
November 2, 1998

WWE announces settlement in the Owen Hart case.
November 2, 2000

Harry Smith and Chris Masters were suspended by WWE for Wellness Policy violations. They were the first two workers to be named under the terms of the revised provision where Wellness Policy violators' names would be released to the public. Masters would later be released from the company.
November 2, 2007

source: pwinsider.com

WWE-Mattel Updates

Representatives from Mattel appeared at the Ringsidefest in New York City this week to take questions from fans in attendance. Below are some highlights:

* Sin Cara’s first figure will be released in April or May of next year. Other new figures debuting in the near future include Jinder Mahal, The Bella Twins, Jerry Lawler and CM Punk with a cloth version of his Best in the World t-shirt.

* Mattel reps have spoke with Zack Ryder about including his Internet Title on a future Ryder action figure. In regards to a replica Internet Title, Mattel said they would have to get Ryder’s permission first.

* New versions of the Diva figures are also being worked on, including Beth Phoenix and Kelly Kelly.

* As noted before, Jim Ross is working with Mattel on a new project but it’s too early for details. Ross will be helping them promote a new product.

* There will be a Miss Elizabeth figure available towards the end of this year online and if her figure sells well, they’re looking at doing one for Sherri Martel and others. Mattel had a good relationship with Randy Savage before he passed so his estate will allow them to produce new figures in the future.

* Mattel can’t make figures that break bones, bleed or bruise due to WWE’s PG content.

* Mattel is doing a series of figures with Toys R Us where each figure in a set comes with a piece and when you buy all the figures, the pieces assemble to make a Michael Cole figure. Mattel figured people would want a Cole figure but would not buy him.

* Mattel doesn’t have the rights to do Brock Lesnar figures as those are held by Jakks Pacific right now. They also don’t have rights to Matt Hardy figures and have no plans to do a figure on him.

* There will be no Owen Hart figure because Owen’s widow asked them not to do anything with him.

* They will be doing a Tribute to the Troops set with four Superstars next year through K-Mart that will be sold for charity. A Troops ring will also be available.

* Mattel wanted to do a figure for Steve Austin’s old Ringmaster gimmick but WWE wants the figures to represent their iconic versions, not the older versions right now.

source: pwinsider.com

This Day in Wrestling History

Stanislaus Zbyszko tells the Spokane Spokesman-Review that, "When I am more than sixty I will do my best wrestling."
July 5, 1925

Buddy Rogers & Handsome John Barend defeated Johnny Valentine & Cowboy Bob Ellis for the WWWF(WWE) Tag Team title.
July 5, 1962

Bret Hart makes first public appearance in wrestling on WCW Monday Nitro since his brother Owen's death. Hart says he is unsure if he will ever wrestle again.
July 5, 1999

Owen Hart Tribute

Owen James Hart
May 7, 1965 – May 23, 1999

This Day in Wrestling History - Owen Hart Passes Away

Owen Hart died in a tragic fall during the WWF(E) PPV "Over the Edge"

May 23, 1999

This Day in Wrestling History

Happy Birthday to Owen Hart
May 7, 1965

Ric Flair defeated Ricky Steamboat for the NWA World Title.
May 7, 1989

Update on Martha Hart vs. WWE Lawsuit; Hart Backs Off Claims That Vince & Linda McMahon Never Apologized For Owen's Death

Owen Hart's widow Martha Hart has backed off claims that Vince and Linda McMahon never apologized to her after Owen's death during a WWF PPV event in May 1999.

In a filing on 12/20 in the United States District Court of Connecticut, all parties in the currently ongoing lawsuit between Hart and the Owen Hart Foundation against World Wrestling Entertainment, Vince McMahon and Linda McMahon, all sides requested that Martha's allegations that there was no apology be removed from the lawsuit filing.

Based on the paperwork, attorneys representing the McMahons presented the court with "sworn testimony" dated July 2002 of Hart discussing an apology she received from Vince McMahon during a conversation in which Linda McMahon was also present.

Hart's side has until 1/15 to respond to WWE's most recent statements in the case. The two sides had a settlement negotiation last month but were unable to reach terms.

Hart's lawsuit claims World Wrestling Entertainment violated their original 2000 Settlement Agreement in the wake of Owen Hart's death, that WWE violated the family's privacy with the release of Owen Hart matches and the "Hart & Soul" DVD documentary, that WWE intimates the Owen Hart Foundation endorses their company with the release of Hart's matches and that the rights to Owen's footage reverted back to his estate upon his death.

WWE has responded that their 2000 Settlement Agreement with Hart, ending her wrongful death lawsuit over Owen's passing, sealed all future claims against the company while Owen's WWF performer contract signed over his likeness and rights for WWF (later WWE, obviously) to reproduce for their purposes.

source: pwinsider.com

Martha Hart vs. WWE Lawsuit Update

World Wrestling Entertainment and representatives for Martha Hart and the Owen Hart Foundation met on 12/3 to attempt to negotiate a settlement in the lawsuit Hart brought against the company but the two sides were unable to reach an agreement.

Hart's lawsuit claims the company violated their original 2000 Settlement Agreement in the wake of Owen Hart's death, that WWE violated the family's privacy with the release of Owen Hart matches and the "Hart & Soul" DVD documentary, that WWE intimates the Owen Hart Foundation endorses their company with the release of Hart's matches and that the rights to Owen's footage reverted back to his estate upon his death.

WWE responded with well over 100 pages of documents to dispute Hart's allegations.

source: pwinsider.com

This Day in Wrestling History

In Houston, Texas, Vince McMahon creates the WWF "Hardcore Championship" and awards it to Mankind (Mick Foley). Ironically, Mankind would hold the title for less than a month, and never win it back. Despite this, the Hardcore Title is often associated with Foley.
November 2, 1998

WWE announces settlement in the Owen Hart case.
November 2, 2000

Harry Smith and Chris Masters were suspended by WWE for Wellness Policy violations. They were the first two workers to be named under the terms of the revised provision where Wellness Policy violators' names would be released to the public. Masters would later be released from the company.
November 2, 2007

source: pwinsider.com

Martha Hart vs. WWE Lawsuit Update

Attorneys representing Martha Hart have been granted an extension until October 25th to respond to the WWE's motion to dismiss the case. They were originally supposed to respond by October 11th. A hearing on the motion to dismiss has been set for January 28th in Bridgeport, CT.

Details on WWE's Motion to Dismiss Martha Hart's Lawsuit Over Usage of Owen Hart's Name and Footage on WWE Releases

Attorneys representing World Wrestling Entertainment as well as Vince and Linda McMahon personally, filed separate motions to dismiss the lawsuit brought against them by Martha Hart, the widow of the late Owen Hart on 9/20. Those motions were accompanied by over 100 pages of documents to aid their dismissal request.

Basically, WWE is claiming that Hart doesn't have the rights, after a decade and following a Settlement that released them of all issues, to bring these claims to light and that based on the original Settlement, Federal Law and in some instances, Connecticut Law, the suit should be dismissed...More?

source: pwinsider.com

This Day in Wrestling History

Bret Hart returns to the ring for the first time after the untimely death of his brother Owen. Bret defeated Hulk Hogan by DQ at a WCW house show.
August 20, 1999

Bret Hart Releases Statement Regarding Martha Hart Lawsuit

Bret Hart posted the following statement on his website regarding the Martha Hart Lawsuit against WWE and Vince & Linda McMahon:

I feel that it's ridiculous for anyone to think they are serving the best interests of Owen's memory or his children to pretend he wasn't a wrestler. Not only was he a wrestler, he was a great one and proud of it. I personally believe Martha Hart has done nothing to keep his memory alive and sadly, he fades from view a little more every year. I do suspect this lawsuit is more about publicity, ego, and small-mindedness than it is about pro-wrestling and all of those that are in it.

I know Owen was always proud of his body of work. His fans have never forgotten him and most of today's WWE wrestlers and hundreds of employees have never forgotten him. They speak endlessly of loving memories that speak volumes on what kind of person he was. I saw Owen on TV a few weeks ago against a young Matt Hardy and it put me in such a good mood all day long. Why would anyone want to prevent that? Martha needs to accept the sad truth that he's gone, but we all deserve to be able to salute and honor him for being the great man and the great wrestler that he was. I stopped caring a long time ago about what Martha thinks of me. We don't speak and I haven't seen Owen's children in 10 years. For what reasons, I couldn't begin to tell you. I personally found great inner peace by opening up to forgiveness and instead supported and encouraged current Hart family members now fulfilling their dreams in the complicated-but-astounding world known as the WWE Universe. She completely ignores the fact that Nattie Neidhart, TJ Wilson (Tyson Kidd), and Harry Smith all made a pact when their 12 year old cousin died that they would someday carry on the dream of wrestling in the WWE, this was years before Owen's death and I don't see any reason they should forsake all their dreams. I can't speak more highly of the dedicated, hard working WWE superstars of today.

Having worked with all levels of talent since January, I can honestly say that you won't find a more wholesome bunch of athletes anywhere in any profession. Owen would be proud to be part of what they all are. Martha can say or think whatever the hell she wants but the Hart family as a whole found a way to forgive and move on for the sake of the next generation's well-being. Just because Owen died doesn't mean the Hart legacy from Stu down to his wrestling sons and grandchildren has to die too. The best thing I can do for Owen's kids is take them backstage and introduce them to all the people who love and remember their dad. Owen is loved and missed everyday. Why Martha would insist they never know these people is sad and pathetic.

I believe Owen would turn in his grave watching Martha erase every single thing he ever did, all for spite. Martha Hart needs to celebrate Owen's memory as much as possible, not block it away forever. How stupid and selfish is that? In her own book, she wrote how even though she was angry at Vince, she didn't hate him and that she felt he was truly sorry about what happened. She had written him a letter in order for her to move on and be at peace. Maybe she should practice what she preached.

www.brethart.com

WWE's McDevitt on Martha Hart's "Pejorative Nonsense"

Jerry McDevitt, the World Wrestling Entertainment's longtime lawyer, is accusing Martha Hart of twisting the truth.

Hart, widow of wrestler Owen Hart, who died following a failed stunt in 1999, is suing the WWE and Linda and Vince McMahon to stop the sale of a videotape featuring her husband's image. She issued a statement yesterday saying the company filed a lawsuit against her because she "had the nerve" to pursue a wrongful death claim following her husband's death.

Not true, McDevitt said this afternoon. WWE didn't sue her because she brought the wrongful death claim, he said. It did, however, petition a court in Connecticut to hear the claim, instead of the Missouri court where Hart had filed her lawsuit, which was settled before going to trial.

McDevitt denounced Hart's comments as "pejorative nonsense" and said her current lawsuit is nothing more than "a personal attack" on Republican U.S. Senate candidate Linda McMahon...More?

source: courant.com