Martha Hart files suit against WWE
 

HARTFORD, Conn., June 22 /PRNewswire/ -- Martha Hart, the widow of the late Owen Hart, a professional wrestler who was killed in a May 1999 stunt orchestrated by World Wrestling Entertainment (WWE) today filed suit in the U.S. District Court here against WWE, Vince McMahon (current chairman and CEO) and Linda McMahon (CEO until 2009). The lawsuit alleges the WWE and the McMahons used Owen Hart's name and likeness without right in dozens of commercial videos and other materials, violated a contract restricting the use of Owen Hart's name, likeness and wrestling footage, and disregarded Martha Hart's wishes against further association of her late husband's name with WWE following his death. (Mrs. Hart and WWE settled a wrongful death lawsuit in 2000. Mrs. Hart established the Owen Hart Foundation later that year.)

"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."

According to the lawsuit filed today before the U.S. District Court in Hartford,

"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.

Mrs. Hart is represented by the law firm Nixon Peabody LLP.

Note to Editors: A copy of the complaint can be found at www.marthahartsueswwe.com

Information on the Owen Hart Foundation can be found at www.owenhart.org

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Just his face on a t-shirt and look what happens.<!-- UFdJIENvbnRlbnQgU291cmNlOiBKUm9jazJLIEAgSVAgQWRkcmVzczogNzUuOTkuMTMxLjI1MA== -->

Holy Shit

They haven't sold anything specifically based on his likeness, to my knowledge. There haven't been any DVDs, toys or apparel that are solely Owen Hart.

They probably have featured pictures with him in it on the site or in magazines, and I know there have been matches he was part of on DVDs released the focus on other wrestlers or events, but I don't think that's the same thing. The WWE lawyers probably have a way around this in the agreement. If not they'll probably just settle.

he loved wrestling. love it or not martha the people have a right to love him for what he was...a wrestler

It's going to get ugly when Martha Hart logs on and sees these posts

well you have the Hart Dynasty and Bret Hart in the WWE so its no surprise that Owen's name will be mentioned

She just needs to use "The Benoit Defense", in which they were clearly able to wipe him from any and all material.

"Since Owen's death, the WWE and McMahons have sought every available opportunity to further exploit Owen's personality for their own commercial benefit."

Have I just been watching something else for the past 11 years or what?

His brother just HAD to pay tribute to him. Way to go, Bret. You have no right to be proud of your family.

His cage match with Bret is on the History of the WWE Championship DVD, which I own. I believe there's plenty of footage and matches with him on the Bret and Stone Cold DVDs too, not to mention others I'm sure.
He's definitely on all of the Wrestlemania, Royal Rumble, and Summerslam DVDs that he was on the card for.

Clearly, we must blur out Owen from any and all future Royal Rumble releases.

This is going to hurt Linda's campaign.

Did WWE and Martha have a legal agreement to not use Owen? Cause if not I don't see this holding up/

she's just finding this out now?

lol at the domain name "marthahartsueswwe.com".

Surely if they did have an agreement, it would be unrealistic to think that they would take him out of PPV DVDs on cards that he was apart of?

And given that's exactly what the suit is about, people loving Owen Hart, that is a completely topic and astute point.

How dare this evil bitch selfishly sue WWE to prevent fans from loving and remembering Owen Hart! The nerve of some people!

what about the fact that Bret has mentioned Owen on tv since he's been back and also wore a t shirt with he and owen's face on it...(Which owned btw)

http://pwtorch.com/artman2/uploads/2/owenbret.jpg

The only instance I can think of except from the DVD would be the t-shirt Bret had on one of the weeks he was back on Raw. Think it was a white 80's looking t shirt with him and owen on it.

Is she really spitting the dummy out that much because her brother in law wore a t-shirt, paying tribute to his own brother?

Shes a numpty.

Snap. Thats the shirt I was on about.

Its a cracker as well.

Now we know Owen probably never will be in the HOF, cos she'd probably go off the head at that too and start sue-ing people left right n centre.

Martha is going to have to accept eventually that Owen was apart of one of the biggest prowrestling families ever. She seems like she's just being rather petty at this point.

How much money did she win from the court case involving Owens death?

*I'm just assuming that someone might know*

Somehow, I doubt it, unless they're really hell-bent on duking it out this time. I have a feeling this matter will be resolved quickly and quietly.

She should join Punk's stable.

I'm a fan of the Hart family...but come on. I understand how much of a loss she suffered due to the accident, but WWE has in no way tried to profit from Owen's death.

Not directly, but indirectly, technically they have.

To be fair, WWE will sue the fuck out of the Dudleyz if they ever wrestle in glasses outside their promotion. WWE polices their own trademarks and copyrights so aggressively they should more or less expect the same in kind.

And she certainly looks to be legally in the right here.

She does have a case, I'm curious to the fallout from the earlier case.

Prolly gonna have to agree with Kane Knight for once. They aren't complying to what she asked for... it may seem ridiculous, but I have a hard time sympathizing with a company like the WWE when technically Martha Hart is in the right.

And to call her pety is sort of ridiculous, like... come on, pretty sure I'd be a little bitter and upset in her position even if it was 11 years ago.

Likewise, I don't remember the details.

worked-shoot

She's going to win another nice settlement.

:y:

Holy shit, she got $19,000,000 and a book taken out of print? What the hell was in that book that was so slanderous and libelous?

I will always remember Owen, no matter what.