Martha Hart Sues WWE

[Woooooolhouse!]

WWE knew it was coming... is this part of the reason why Bret Hart was abruptly let go as GM?

[Raja Lion]

Its a bit ridiculous. Like it or not, her husband was a member of the organization for many years and the WWE are hardly using it in an exploitative manner. It just seems a bit OTT.

I wonder if this is why Bret is off now. I dunno what his relationship is with Martha currently.

[Deleted]

So... Is there a news story here?

[Jobes]

Jun 22, 2010 11:35:50 GMT -5 Raja Lion said:

I dunno what his relationship is with Martha currently.

I believe they don't associate with each other.

[Woooooolhouse!]

officialfan.proboards.com/index.cgi?board=WWE&action=display&thread=292725

Refbump started it, and apparently started another thread, deleting his entry in this one.... I'm confused. I'll let the mods figure it out.

[Curt Hawkins Fan]

Owen Hart's widow Martha has filed a lawsuit against WWE, Vince McMahon and Linda McMahon for continued use of her late husband in commercial videos and materials.

"In the eleven years since Owen's tragic and avoidable death, I have worked tirelessly to disassociate Owen's name and likeness from anything related to WWE in order to protect our children from any reminder of the circumstances surrounding their father's death, and to avoid any misplaced perception that I endorse WWE," said Martha Hart in a statement

"Unfortunately, even though WWE, Vince McMahon and Linda McMahon were and are well aware of my wishes and desire to shield my children from WWE and its activities, I was shocked to learn earlier this year that they have been using Owen's name and likeness in videos, websites, television programs and print materials. Given this callous, insensitive and irresponsible behavior, one must question the moral character of Vince and Linda McMahon and the manner in which they conduct their business."

The lawsuit was filed today in the U.S. District Court in Hartford, Ct.

"Since Owen's death, the WWE and McMahons have sought every available opportunity to further exploit Owen's personality for their own commercial benefit. Their use of Owen's name and likeness draws attention to the WWE's ongoing violent and highly questionable theatrical activities that caused Owen's death. Defendants' use of Owen's name and likeness is also in direct disregard of Martha's and her children's objections...The WWE's wrongful use of Owen's name and likeness, over Martha's continuing objection to any association with defendants and in the absence of any legal right of use, creates the wrongful impression that Martha and the Estate now support, approve or condone the video (which they do not)."

The lawsuit seeks to enjoin the WWE from further use of Owen Hart's name and likeness, and seeks unpaid royalties as well as damages for breach of contract, copyright infringement, unjust enrichment, accounting and unfair and deceptive trade practices.

Hart died in an accident in 1999 at the May 23rd "Over The Edge" pay per view. The company settled a wrongful death suit with Martha Hart in 2000.

Although fans have been vocal in wanting Hart inducted into the Hall of Fame or for a full release on Hart, the company has not done so. Hart's matches have been included on DVD sets including the Bret Hart anthology, The Greatest Stars of the 90's, The RAW 15th Anniversary Set, Hart and Soul, and others.



slam.canoe.ca/Slam/Wrestling/2010/06/22/14475336.html.

From the other thread.

[Perigryn]

Bret's reportedly getting married for the third time. That's why he's been off TV for a while.

She's overreacting as Owen was not only her husband but a member of the Hart family first and all those references were made by his own family members to boot.

[Ben Wyatt]

Oy vei.......,

[Deleted]

Is it wrong to say that everything I've ever heard about Martha Hart makes her sound like a complete bitch?

[foxy]

I don't mean to sound like a callous bastard to Ms Hart, but what the hell is wrong with her? Doesn't she realise that Owen actually had fans? Does she want to steal our memories of him? And if she wins this one too we'll probably never see him again on Vintage Collection.

[Deleted]

She was "shocked to learn this year" they've been using his likeness? I didn't know they had ever really stopped using it.

[Supercheese]

Your husband touched the lives of millions of fans, broke the hearts of millions more and thrilled everyone who ever watched him a wrestling ring. Martha, why can't you appreciate that Owen was one of the most loved superstars in wrestling and people want to remember his achievements and performances? He is a legend in the business and the name Hart is more linked to wrestling than you. When you think of Bret, you soon think of Owen. When you hear the Hart dynasty you immediately think of the Hart Foundation.

Why can't we be allowed to remember Owen Hart by appreciating what he was best at?

WWE probably make very little from Owen, in terms of things that actually directly involve him. He might be included on DVDs in matches but that's because of his talent or him fighting against someone who has a DVD out.

Yes, it was 11 years ago. But that won't stop people wanting to talk about him or remember his matches.

[rapidfire187]

There's not too many people that I can say that I HATE without ever meeting them, but Martha Hart is definitely one of those people. After reading her book and now seeing this news, I think I've got her figured out pretty well.

This woman feels like she was the most important thing to ever happen to Owen Hart. She has this attitude that nobody else cared about him, and that nobody else has the right to either. She's decided that Owen's mother f***ing life's work should just be completely ignored because SHE doesn't like pro wrestling.

How has WWE exploited Owen? Maybe she should have a talk with Vickie Guerrero. Or maybe she should look in the mirror because she's done more to exploit her husbands death than WWE would even think of doing.

[Jacob Lee]

The issue here is that the WWE hasn't really gone out of their way to use Owen Hart in anything they do. No Owen action figures. He wasn't in the Legends game or anything. He was in the Hart DVD and on some WWE Classics stuff, but that's old footage WWE has every right to put out. While what happened was terrible the WWE did not murder Owen so Martha more than likely just needs money.

To be honest I hope she loses and apologizes. WWE gave her a ton of money even before the lawsuit.

[Lardlad]

Jerry McDevitt likely isn't getting a full lunch break today....

[angryfan]

The only issue might arise given the Jesse ventura decision. If they use his matches or promos, or antying directly involving him, then they would owe her (as executor of his estate presumably) the royalties that would be due him were he still alive.

If, however, it is just a mention by Bret that, since the promos are presumably scripted, was not part of the "plan", then they will not be held liable, and Bret can't be sued for mentioning a blood relative of his own accord.

[chriskessaris3hm]

While I respect Martha Hart's stance on the subject and I can't argue with her, I wish I could just ask her to reconsider, as Owen was one of my favorite wrestlers. I think to disassociate from WWE would be tarnishing Owen's memory for what he did in his life. It is said that Owen always put his family first and so I understand why Martha feels the way she does. I think eventually she'll have to come to terms with it though and hopefully she can move on. Taking Owen away from his fans won't bring him back. If anything, it will just make people forget about him...and then maybe if enough people forget it will lead to something like that happening again.

Besides, she settled out of court for 18 million from the WWE after Owen died so part of me thinks that it's a money issue and not a shielding her kids from what happened issue. It's not like they'll never find out what happened to their dad if they don't already know.

[rapidfire187]

Jun 22, 2010 11:56:08 GMT -5 angryfan said:

The only issue might arise given the Jesse ventura decision. If they use his matches or promos, or antying directly involving him, then they would owe her (as executor of his estate presumably) the royalties that would be due him were he still alive.

If, however, it is just a mention by Bret that, since the promos are presumably scripted, was not part of the "plan", then they will not be held liable, and Bret can't be sued for mentioning a blood relative of his own accord.

I'm not sure that it works that way, but if WWE has to pay royalties to all the old wrestlers any time they use them on a DVD or something, then I'm sure they'd have no problem paying a reasonable amount to Martha Hart.

But that doesn't make sense to me. I don't think that WWE would have to pay royalties just for showing footage that they already own. They probably pay out royalties when they release new merchandise for a wrestler, like a DVD or action figure, but just including someone's match on someone else's DVD is different.

The point remains that Martha Hart needs to go f*** herself.

[Widow's Peak]

Jun 22, 2010 11:56:08 GMT -5 angryfan said:

The only issue might arise given the Jesse ventura decision. If they use his matches or promos, or anything directly involving him, then they would owe her (as executor of his estate presumably) the royalties that would be due him were he still alive.

This would have to be the main issue. If WWE is required to pay royalties to his estate for using his likeness and they haven't, then she has every right to recover the money.

As far as them not using the footage entirely, I'm not sure that she has a legal right to do that considering the fact that they own the footage.

[angryfan]

Jun 22, 2010 12:06:56 GMT -5 rapidfire187 said:

Jun 22, 2010 11:56:08 GMT -5 angryfan said:

The only issue might arise given the Jesse ventura decision. If they use his matches or promos, or antying directly involving him, then they would owe her (as executor of his estate presumably) the royalties that would be due him were he still alive.

If, however, it is just a mention by Bret that, since the promos are presumably scripted, was not part of the "plan", then they will not be held liable, and Bret can't be sued for mentioning a blood relative of his own accord.

I'm not sure that it works that way, but if WWE has to pay royalties to all the old wrestlers any time they use them on a DVD or something, then I'm sure they'd have no problem paying a reasonable amount to Martha Hart.

But that doesn't make sense to me. I don't think that WWE would have to pay royalties just for showing footage that they already own. They probably pay out royalties when they release new merchandise for a wrestler, like a DVD or action figure, but just including someone's match on someone else's DVD is different.

The point remains that Martha Hart needs to go f*** herself.

Well, I was thinkking more in a DVD release. It's usually not much, but when they use, for example, Lance Storm in a match on a DVD, they do owe him a certain percentage (more accurately a fraction of a percentage) for each unit sold. It's like if i write a book and it's purchased by a publishing company, they technically own it. However, I am still owed royalties for units sold, as would be my estate if i pass away in a car accident.