AEW Responds Vigorously to Copyright Infringement Allegations

A lawsuit involving both AEW and WWE has come to light, filed by Anthony Duane Wilson. Wilson accuses the wrestling giants of unauthorized use of his intellectual creations, encompassing wrestler gimmicks, names, slogans, and personal likenesses. He asserts that WWE, alongside its contractors and workforce, have repeatedly infringed upon his intellectual property rights.

Further, Wilson contends he had ambitions to establish his own wrestling promotion and had engaged with Bullet Club members for their participation. He alleges that his concepts were appropriated and he was excluded, devoid of recognition or the share in the company he deems his due for his creative contributions. He claims this has led to significant losses for him in market presence, product value, personal reputation, and financially. He accuses both AEW and WWE of persistently utilizing his intellectual property without acknowledgment or compensation, actions he believes were intentionally aimed at sabotaging his career.

Wilson is demanding compensation of $250 million and the restoration of his intellectual property rights. His initial lawsuit was filed in August 2023 but was dismissed in December 2023, as the defendants were not served within the mandated 90-day period post-filing. Nonetheless, Wilson has refiled the lawsuit, ensuring that this time, both AEW and WWE have been duly served.

In response to the lawsuit and the request for a jury trial by AEW, the company stated:

“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.”