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AEW responded to the once dismissed lawsuit against both themselves and WWE before the United States District Court, Northern District of Ohio, Youngstown by Anthony Duane Wilson on 2/23. Wilson is accusing each company of "plagiarism, market damages, product damages, personal damages and financial damages."
Wilson's lawsuit was re-filed on 1/10, just a few weeks after the initial lawsuit was dismissed on 11/3/23. His new lawsuit is pretty much identical to the original lawsuit. Although the specifics were never specifically explained in the original filing, much of which was hand-written, Wilson alleges that "WWE, its contractors, and employees have on multiple dates used my creative works without permission, infringing on my wrestling gimmicks, names, slogans and likeness."
Wilson also alleges that he was going to start his own promotion and spoke with "members of the Bullet Club to join me in the venture of starting my company." Instead, without breaking down specifics, Wilson alleges, "They stole the plans from me and my social media pages and cut me out without giving credit or the portion I am entitled to as the creator."
In the lawsuit filing, Wilson claims the situation has caused him "market damages, product damages, personal damages, financial damages. WWE an (sic) AEW are still using infringing works of mine, claiming they created these things and are not crediting me or paying for them, Many of which are not for sale. This will follow me my entire career. This has cost me work outside of professional wrestling and inside professional wrestling. These things have cost me fans an (sic) income. Several of these infringements were done maliciously to damage my reputation an (sic) career, attempting to embarrass me or waste my time. I'm a writer an (sic) professional wrestler, my creative works are my livelyhood (sic). From my research, I was informed if you cut out an original partner or the creator control of the company belongs to the exiled party. I'm seeking control of AEW an (sic) removal of stolen works, a public apology an (sic) a financial settlement for damages, my works an (sic) career will see until I retire. WWE Board Chair, WWE Stock for freelance work an (sic) business tactics of mine. Return all ships and plunder."
Wilson is seeking $250,000,000 in damages, as well as, apparently all ships and plunder.
The December 2023 dismissal by Judge Benita Y. Pearson cited that neither defendant had been served within 90 days of the lawsuit being filmed back in August 2023. At the time, the dismissal was without prejudice, which technically meant that Wilson could re-file and attempt to move the case forward once more. He did that and this time around, AEW and WWE were each served.
AEW, as you might imagine, completely denied all of the allegations and requested a jury trial, noting:
"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."
WWE has received an extension on responding and must file a response by 3/7.
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