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Post by "Evil Brood" Jackson Vanik on Sept 1, 2020 16:08:59 GMT -5
The write up is from 411 Mania:
"Jim Cornette has lost a preliminary injunction against G-Raver after filing a lawsuit back in December 2019.
Cornette chose to pursue the lawsuit over a ‘f*** Jim Cornette’ t-shirt featuring his likeness that was stabbed. While G-Raver’s attorney filed a motion to dismiss the lawsuit against his client, that motion was denied.
Alexandra J. Roberts, who writes on trademarks and entertainment law, revealed the details of the preliminary injunction in a Twitter thread, stating that “the court says the t-shirts aren’t commerce but speech: “G-Raver sold the shirts…to critique Cornette’s views on deathmatch wrestling through parody; 1a protects this expression…b/c parodies are a valuable means of expression to weaken the ideas the celebrity espouses.”
She added that “on top of that, the shirts don’t create a likelihood of confusion & Cornette’s name may possess the distinctiveness that would make it a trademark. it’s certainly not a famous one capable of dilution. even if it were a mark, defendants’ uses aren’t similar” and that “even when the use is facially for a commercial or advertising purpose; the relevant exception here is…the shirts are expressive works & the use is through a communications medium.”
According to Roberts, the court also ruled that the shirts are “works “invented by G-Raver’s imagination”; they are transformative.”
Roberts noted how interesting cases like this from the wrestling world are: “cases about the wrestling world are always fascinating b/c the parties are not exactly people but not purely fictional characters.”
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Dub H
Crow T. Robot
Captain Pixel: the Game Master
I ❤ Aniki
Posts: 48,465
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Post by Dub H on Sept 1, 2020 16:11:36 GMT -5
At least now when his cult say Cornette will send his "great" lawyer after someone I have something to make fun of then.
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Post by BorneAgain on Sept 1, 2020 16:12:28 GMT -5
Unfortunately for Cornette, Stephen P New's citation of the famous "National Wrestling Alliance vs. Outlaw Mud Show" case was not convincing for the judge.
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Post by Baldobomb-22-OH-MAN!!! on Sept 1, 2020 16:29:52 GMT -5
Hooray for stories where everyone involved is a piece of shit.
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Post by Captain Stud Muffin (BLM) on Sept 1, 2020 16:41:23 GMT -5
So, since the works are labeled as "creative imagination" something tells me Cornette is going to be real petty with this and create a shirt of his own
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Crappler El 0 M
Dalek
Never Forgets an Octagon
I'm a good R-Truth.
Posts: 58,479
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Post by Crappler El 0 M on Sept 1, 2020 16:51:50 GMT -5
I am guessing Cornette thought there was a chance the man would pull the shirt just because of the potential cost of fighting Cornette in court. Could be an attempt at a nuisance suit or just a threat. Make the seller have to pay some legal fees or perhaps he folds and takes it down.
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Post by CMPunkyBrewster on Sept 1, 2020 17:24:15 GMT -5
Good.
Cornette sold shirts with Russo on a wanted sign. How was he wanted?
Dead.
f*** Cornette's hypocritical ass, and his sexual assaulting wife, too. He has the least deserved "legacy" in wrestling history.
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Dub H
Crow T. Robot
Captain Pixel: the Game Master
I ❤ Aniki
Posts: 48,465
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Post by Dub H on Sept 1, 2020 17:30:05 GMT -5
So, since the works are labeled as "creative imagination" something tells me Cornette is going to be real petty with this and create a shirt of his own I'm obviously no lawyer,I feel like he could make a G-Raver shirt under the context But if he tried to make any other one (Like Janella or Omega) with malicious purpose could it fall under personal attack?But I also doubt he would try a legal war with someone that has much more resources than him.
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Post by mrpeacock on Sept 1, 2020 17:33:00 GMT -5
Good. Cornette sold shirts with Russo on a wanted sign. How was he wanted? Dead. f*** Cornette's hypocritical ass, and his sexual assaulting wife, too. He has the least deserved "legacy" in wrestling history. I didn’t hear about his wife. Who’d she sexually assault?
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Post by Captain Stud Muffin (BLM) on Sept 1, 2020 18:22:14 GMT -5
Good. Cornette sold shirts with Russo on a wanted sign. How was he wanted? Dead. f*** Cornette's hypocritical ass, and his sexual assaulting wife, too. He has the least deserved "legacy" in wrestling history. I didn’t hear about his wife. Who’d she sexually assault? Big thread about that a few months back with essentially Cornette and his wife getting people to have sex with her for favors or keep their job
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Post by Captain Stud Muffin (BLM) on Sept 1, 2020 18:24:27 GMT -5
So, since the works are labeled as "creative imagination" something tells me Cornette is going to be real petty with this and create a shirt of his own I'm obviously no lawyer,I feel like he could make a G-Raver shirt under the context But if he tried to make any other one (Like Janella or Omega) with malicious purpose could it fall under personal attack?But I also doubt he would try a legal war with someone that has much more resources than him. It's a thin line I think if he tried to make shirts and slogans out of everyone he hates, they'd be up his ass so fast. G-Raver got away with a "parody" but what Cornette does is straight up slander Like I said, Cornette would have to be petty to just put something like G-Raver sucks as a T-Shoirt but who the f*** is buying that
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Facetious
King Koopa
ADAM COLE BAYBAY
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Post by Facetious on Sept 1, 2020 18:35:03 GMT -5
I'm obviously no lawyer,I feel like he could make a G-Raver shirt under the context But if he tried to make any other one (Like Janella or Omega) with malicious purpose could it fall under personal attack?But I also doubt he would try a legal war with someone that has much more resources than him. It's a thin line I think if he tried to make shirts and slogans out of everyone he hates, they'd be up his ass so fast. G-Raver got away with a "parody" but what Cornette does is straight up slander Like I said, Cornette would have to be petty to just put something like G-Raver sucks as a T-Shoirt but who the f*** is buying that Don't underestimate his lunatic cult.
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FinalGwen
Bill S. Preston, Esq.
Particularly fond of muffins.
Posts: 16,524
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Post by FinalGwen on Sept 1, 2020 18:40:57 GMT -5
Am I glad he lost this baseless suit? Yes.
Do I think he'll learn anything from it? No.
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MiLB Fan
Fry's dog Seymour
Posts: 20,540
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Post by MiLB Fan on Sept 1, 2020 18:41:57 GMT -5
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Post by Captain Stud Muffin (BLM) on Sept 1, 2020 18:44:30 GMT -5
It's a thin line I think if he tried to make shirts and slogans out of everyone he hates, they'd be up his ass so fast. G-Raver got away with a "parody" but what Cornette does is straight up slander Like I said, Cornette would have to be petty to just put something like G-Raver sucks as a T-Shoirt but who the f*** is buying that Don't underestimate his lunatic cult. You're right As long as Cornette only makes $100 but spent $1000, he's going to be happy
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Post by Bob Schlapowitz on Sept 2, 2020 11:07:30 GMT -5
Cornette is quickly becoming my least favorite wrestling personality of all time.
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lucas_lee
Hank Scorpio
Heel turn is finished, now stripping away my personality
Posts: 6,973
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Post by lucas_lee on Sept 2, 2020 13:43:59 GMT -5
Good for G-Raver. Cornette defending AEW (yeah it happened he then went after Ryan Satins girlfriend by insinuating hes a sexless basement dweller, which lost my favor) I thought people would forget what a massive douche he is.
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Post by Milkman Norm on Sept 2, 2020 16:33:33 GMT -5
Correct me if I'm wrong but this means that the shirt can be sold as the trial proceededs as opposed to a final ruling.
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Post by Final Countdown Jones on Sept 2, 2020 17:29:30 GMT -5
G-Raver got away with a "parody" but what Cornette does is straight up slander This is the big part. There's a lot of leeway in parody protections. You can outright say :This guy is stupid" because that's not provable one way or another, it's just "commentary". When Jim says that Kenny groomed Riho to be his Asian schoolgirl fetish sex doll, that's a direct accusation and one that is not even built on any sort of public perception or element to parody. It's just a horrific accusation. When Jim threatens violence on someone, that's not ha ha funny parody, that's a threat. I'm not going to say that G-Raver's shirt was clever or anything, but that by putting more thought into how he shares his own bile, Cornette's usual tactics don't really fall under this same umbrella.
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Post by Captain Stud Muffin (BLM) on Sept 2, 2020 17:37:54 GMT -5
G-Raver got away with a "parody" but what Cornette does is straight up slander This is the big part. There's a lot of leeway in parody protections. You can outright say :This guy is stupid" because that's not provable one way or another, it's just "commentary". When Jim says that Kenny groomed Riho to be his Asian schoolgirl fetish sex doll, that's a direct accusation and one that is not even built on any sort of public perception or element to parody. It's just a horrific accusation. When Jim threatens violence on someone, that's not ha ha funny parody, that's a threat. I'm not going to say that G-Raver's shirt was clever or anything, but that by putting more thought into how he shares his own bile, Cornette's usual tactics don't really fall under this same umbrella. Big question is, does Cornette know the difference? I doubt it. I expect something stupid from him with this
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