Martha Hart files suit against WWE

[NeanderCarl]

My understanding is that unless there was a legally binding agreement made (possibly as part of the settlement) restricting WWE from using any footage of Owen, Martha has no legal right to stop them doing so. When you sign a WWE contract, they own everything you do within the promotion that is committed to tape. Yes, they are obliged to pay the performer (or their next of kin) for the usage but the only way Martha can successfully sue the company is if they did legally agree not to do it.

Otherwise they can market their tape library however they want to.

And I've never seen them market any commercial product on the basis of an Owen Hart appearance. Of course he was on the front cover of The Hart Family DVD but it wasn't marketed as "Hart & Soul starring Owen Hart", more as the story of the whole Hart family, and it is a fact that Owen was a member of that family, not some marketing ploy. Regardless of the circumstances of Owen's death, more people would have been interested in that DVD due to Bret or the collective whole than specifically Owen.

If it is simply a case that WWE refrained from releasing footage focusing on Owen for the last 11 years out of sensitivity (hmm) and politeness (hmm), then Martha can't throw a fit when they decide to exercise their legal right to do so. If, on the other hand, they have broken a legally binding agreement, then good luck to her.

She seems a bit lawsuit happy, but then again you can't discount the fact that she unneccessarily lost her husband in his mid 30s and the pain that caused. She has a right to be bitter and even hate the business. But most people agree that Owen loved the business - at least the in-ring side of it - and took such pride in his work that at several times he was considered one of the greatest in the world. It's a shame if the world never got to see his hard work, skill and talent ever again - it would completely devalue the time he spent devoted to performing and the life that ultimately lead to his demise... almost as if, outside Martha's little bubble, Owen Hart never existed.

[James Steele]

1 of 2 people found the following review helpful:
Rubberneckin the the White Trash Train Wreck that is the Hart Family, part 1, February 23, 2010

By	Fritz Gerlich "Bright Moments..." (admin@audioetc.info) - See all my reviews

This review is from: Under the Mat: Inside Wrestling's Greatest Family (Hardcover)
Apparently this book pissed off Martha Hart enough that she sued to have it removed from store shelves because she didn't like the way that she and Owen (her husband) were portrayed. But really, they are the only ones who come off looking normal, not perfect, but normal. Everyone else is a disgusting mess.

Here are some of the things you'll get to read about:

1) Flesh Eating Disease
2) Rape and Sodomy
3) F.A.S. Babies
4) Incest
5) Wife Abuse
6) Child Abuse
7) Murder
8) Some guy having the bottom of his feet burned with a blowtorch & having his ears cut off
9) Date rape drugs
10) a 37 year old substitute teacher having sex and latter marrying a junior school student
11) gang bangs initiated by the student in #10
12) 55 year old, 250 pound skank servicing 18 wrestlers in a van
13) Yelling, screaming, and more yelling
14) crazy old dude who's great joy in life is making people (including children) scream/vomit/lose bowel control/lose consciousness because they are in so much pain from whatever bizarre submission hold the crazy old dude has them in
15) a father who has his daughters legs smashed with a hammer so he can collect more in a car crash insurance claim
16) Psychopaths and sociopaths and narcissists
17) a pickled mom who constantly tells her children she is going to kill herself
18) Moms who live with roid raging violent sadists despite having children in the house
19) Drugs (cocaine (crack and powdered), steroids, horse tranquilizers, morphine, uppers, downers, GBH, dozens of pain killers, booze, marijuana, hash, ecstasy, antidepresants, etc etc)
20) untreated schizophrenia
21) untreated kidney disease leading to death
22) moms who become hookers and IV drug users
23) animal abuse
24) woman eaten by 'wrastlin' grizzly bear who lived in their yard
25) crazed vicious psycho dog
26) house filled with 18 cats and cat piss
27) house that never gets cleaned
28) child porn

And that list is just off the top of my head.

And I really don't blame Martha for not wanting to have anything to do with these losers.

[The Jayman]

Originally Posted by James Steele 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?

The book focuses mainly on the realities of professional wrestling. Under the Mat recounts Diana's life growing up in the Hart home, being sister to Owen and Bret, witnessing their rise to fame and the terrible tragedy which claimed Owen's life. She remembers her father training some of the WWF's and WCW's biggest names in her family's basement gym, the famous Dungeon, and recounts their tales to stardom. [edit] Controversy Under the Mat is used by Diana to express the "dirty secrets" of the Hart family and friends. Diana elaborates on negative details related to several people including Dynamite Kid, Bret, and Martha Hart. Bret is a vocal critic of the book and has said that it is a very disturbing read and called it pornographic. He goes on to say that there are enough true Hart stories that Diana didn't need to resort to fiction.[2] Legal action was pursued by Martha Hart, Owen Hart's widow. Martha claims that Diana made inaccurate and irresponsible statements about her and her family.[3]

[The Jayman]

Originally Posted by James Steele 1 of 2 people found the following review helpful: Rubberneckin the the White Trash Train Wreck that is the Hart Family, part 1, February 23, 2010 By Fritz Gerlich "Bright Moments..." (admin@audioetc.info) - See all my reviews This review is from: Under the Mat: Inside Wrestling's Greatest Family (Hardcover) Apparently this book pissed off Martha Hart enough that she sued to have it removed from store shelves because she didn't like the way that she and Owen (her husband) were portrayed. But really, they are the only ones who come off looking normal, not perfect, but normal. Everyone else is a disgusting mess. Here are some of the things you'll get to read about: 1) Flesh Eating Disease 2) Rape and Sodomy 3) F.A.S. Babies 4) Incest 5) Wife Abuse 6) Child Abuse 7) Murder 8) Some guy having the bottom of his feet burned with a blowtorch & having his ears cut off 9) Date rape drugs 10) a 37 year old substitute teacher having sex and latter marrying a junior school student 11) gang bangs initiated by the student in #10 12) 55 year old, 250 pound skank servicing 18 wrestlers in a van 13) Yelling, screaming, and more yelling 14) crazy old dude who's great joy in life is making people (including children) scream/vomit/lose bowel control/lose consciousness because they are in so much pain from whatever bizarre submission hold the crazy old dude has them in 15) a father who has his daughters legs smashed with a hammer so he can collect more in a car crash insurance claim 16) Psychopaths and sociopaths and narcissists 17) a pickled mom who constantly tells her children she is going to kill herself 18) Moms who live with roid raging violent sadists despite having children in the house 19) Drugs (cocaine (crack and powdered), steroids, horse tranquilizers, morphine, uppers, downers, GBH, dozens of pain killers, booze, marijuana, hash, ecstasy, antidepresants, etc etc) 20) untreated schizophrenia 21) untreated kidney disease leading to death 22) moms who become hookers and IV drug users 23) animal abuse 24) woman eaten by 'wrastlin' grizzly bear who lived in their yard 25) crazed vicious psycho dog 26) house filled with 18 cats and cat piss 27) house that never gets cleaned 28) child porn And that list is just off the top of my head. And I really don't blame Martha for not wanting to have anything to do with these losers.

that too

[Afterlife]

Lady sure can sue.

[The Jayman]

it's all about the monayyyy

[James Steele]

Originally Posted by NeanderCarl My understanding is that unless there was a legally binding agreement made (possibly as part of the settlement) restricting WWE from using any footage of Owen, Martha has no legal right to stop them doing so. When you sign a WWE contract, they own everything you do within the promotion that is committed to tape. Yes, they are obliged to pay the performer (or their next of kin) for the usage but the only way Martha can successfully sue the company is if they did legally agree not to do it. Otherwise they can market their tape library however they want to. And I've never seen them market any commercial product on the basis of an Owen Hart appearance. Of course he was on the front cover of The Hart Family DVD but it wasn't marketed as "Hart & Soul starring Owen Hart", more as the story of the whole Hart family, and it is a fact that Owen was a member of that family, not some marketing ploy. Regardless of the circumstances of Owen's death, more people would have been interested in that DVD due to Bret or the collective whole than specifically Owen. If it is simply a case that WWE refrained from releasing footage focusing on Owen for the last 11 years out of sensitivity (hmm) and politeness (hmm), then Martha can't throw a fit when they decide to exercise their legal right to do so. If, on the other hand, they have broken a legally binding agreement, then good luck to her. She seems a bit lawsuit happy, but then again you can't discount the fact that she unneccessarily lost her husband in his mid 30s and the pain that caused. She has a right to be bitter and even hate the business. But most people agree that Owen loved the business - at least the in-ring side of it - and took such pride in his work that at several times he was considered one of the greatest in the world. It's a shame if the world never got to see his hard work, skill and talent ever again - it would completely devalue the time he spent devoted to performing and the life that ultimately lead to his demise... almost as if, outside Martha's little bubble, Owen Hart never existed.

Its like when WWF had to change to WWE and blur footage. If they violate a contract, they need to pay.

[DrCrawford]

martha needs to stop, owen needs to be in the hall of fame

linda needs to hang up her political hopes and dreams. nobody cares about the mcmahons unless its wrestling, and i think both her and vince need to understand that. just look at the XFL.

[Innovator]

Linda might get the nod for the nomination, but she won't beat Blumenthal

[Ol Dirty Dastard]

Originally Posted by James Steele 1 of 2 people found the following review helpful: Rubberneckin the the White Trash Train Wreck that is the Hart Family, part 1, February 23, 2010 By Fritz Gerlich "Bright Moments..." (admin@audioetc.info) - See all my reviews This review is from: Under the Mat: Inside Wrestling's Greatest Family (Hardcover) Apparently this book pissed off Martha Hart enough that she sued to have it removed from store shelves because she didn't like the way that she and Owen (her husband) were portrayed. But really, they are the only ones who come off looking normal, not perfect, but normal. Everyone else is a disgusting mess. Here are some of the things you'll get to read about: 1) Flesh Eating Disease 2) Rape and Sodomy 3) F.A.S. Babies 4) Incest 5) Wife Abuse 6) Child Abuse 7) Murder 8) Some guy having the bottom of his feet burned with a blowtorch & having his ears cut off 9) Date rape drugs 10) a 37 year old substitute teacher having sex and latter marrying a junior school student 11) gang bangs initiated by the student in #10 12) 55 year old, 250 pound skank servicing 18 wrestlers in a van 13) Yelling, screaming, and more yelling 14) crazy old dude who's great joy in life is making people (including children) scream/vomit/lose bowel control/lose consciousness because they are in so much pain from whatever bizarre submission hold the crazy old dude has them in 15) a father who has his daughters legs smashed with a hammer so he can collect more in a car crash insurance claim 16) Psychopaths and sociopaths and narcissists 17) a pickled mom who constantly tells her children she is going to kill herself 18) Moms who live with roid raging violent sadists despite having children in the house 19) Drugs (cocaine (crack and powdered), steroids, horse tranquilizers, morphine, uppers, downers, GBH, dozens of pain killers, booze, marijuana, hash, ecstasy, antidepresants, etc etc) 20) untreated schizophrenia 21) untreated kidney disease leading to death 22) moms who become hookers and IV drug users 23) animal abuse 24) woman eaten by 'wrastlin' grizzly bear who lived in their yard 25) crazed vicious psycho dog 26) house filled with 18 cats and cat piss 27) house that never gets cleaned 28) child porn And that list is just off the top of my head. And I really don't blame Martha for not wanting to have anything to do with these losers.

Diana Hart (I think she wrote this) is a noted sociopathic liar and a down dirty whoore.

[James Steele]

I had never heard of the book until this thread, so I figured it was "questionable". Especially with a damn $19 million payout.

[Nicky Fives]

As much as I love Owen, his wife is a stupid bitch..... her kids should see that their father was one of the absolute best at what he did, and how their family and their father have contributed to the wrestling industry in such a meaningful and lasting way....

[Afterlife]

I never liked Owen Hart. That said, to be angry about his death is one thing. Pretending his life didn't happen is another.

[Evil Vito]

Yeah, just erase his life's work. I'm sure that's exactly what Owen would have wanted.

She's really being nothing more than a money-hungry bitch.

[James Steele]

I can't wait for Kane Knight to come in here and all us a bunch of butthurt entitled wrestling fans.

[Lord-Of-Darkness]

Yeah, I understand her being angry about it, but the main article states that she wants to protect her children and prevent them from knowing about the circumstances of their fathers death, which like some of you have said, pretty much means pretending his career/ life never happened.

That would be an interesting conversation wouldn't it?

"Mom, what did dad used to do for work?"

"Nothing"

"How did he die?"

"Ummm...he fell"



Given that all it takes is the typing of 'Owen Hart into Google or youtube to see his matches, or read about his life and death, what shes trying to so seems pretty pointless, and is just preventing a high quality Owen documentary DVD set and a Hall of Fame induction that he so much deserves.

[Blue Demon]

Originally Posted by NeanderCarl My understanding is that unless there was a legally binding agreement made (possibly as part of the settlement) restricting WWE from using any footage of Owen, Martha has no legal right to stop them doing so. When you sign a WWE contract, they own everything you do within the promotion that is committed to tape. Yes, they are obliged to pay the performer (or their next of kin) for the usage but the only way Martha can successfully sue the company is if they did legally agree not to do it. Otherwise they can market their tape library however they want to. And I've never seen them market any commercial product on the basis of an Owen Hart appearance. Of course he was on the front cover of The Hart Family DVD but it wasn't marketed as "Hart & Soul starring Owen Hart", more as the story of the whole Hart family, and it is a fact that Owen was a member of that family, not some marketing ploy. Regardless of the circumstances of Owen's death, more people would have been interested in that DVD due to Bret or the collective whole than specifically Owen. If it is simply a case that WWE refrained from releasing footage focusing on Owen for the last 11 years out of sensitivity (hmm) and politeness (hmm), then Martha can't throw a fit when they decide to exercise their legal right to do so. If, on the other hand, they have broken a legally binding agreement, then good luck to her. She seems a bit lawsuit happy, but then again you can't discount the fact that she unneccessarily lost her husband in his mid 30s and the pain that caused. She has a right to be bitter and even hate the business. But most people agree that Owen loved the business - at least the in-ring side of it - and took such pride in his work that at several times he was considered one of the greatest in the world. It's a shame if the world never got to see his hard work, skill and talent ever again - it would completely devalue the time he spent devoted to performing and the life that ultimately lead to his demise... almost as if, outside Martha's little bubble, Owen Hart never existed.

This pretty much sums up how I feel...WWE never really went out of their way to point out anything relating to Owen Hart unless it was really necessary (Like part of the Hart & Soul DVD, Bret's DVD) I mean, give me a break.

[Ol Dirty Dastard]

I find it weird that you guys sympathize at all with the WWE lol. god.

[BigDaddyCool]

Yeah, cause WWE is always bad all the time and is ran by the devil himself.

[Kane Knight]

Originally Posted by NeanderCarl My understanding is that unless there was a legally binding agreement made (possibly as part of the settlement) restricting WWE from using any footage of Owen, Martha has no legal right to stop them doing so.

I'm just going to stop you there and point out your understanding is wrong.

[Kane Knight]

Originally Posted by Gorgeous Dale Newstead I find it weird that you guys sympathize at all with the WWE lol. god.

Stockholm Syndrome.

Or possibly Smarkolm Syndrome.

[PullMyFinger]

Make no mistake - I guarentee you it's because of the political ambitions of Linda. These things happen during every election campaign.

Regardless, even if it falls flat in court, the publicity is enough to damage her campagin, and it will possibly be exploited in commercials by groups that oppose Linda.

[BigDaddyCool]

American voters don't care about Canadian widows.

[PullMyFinger]

Originally Posted by BigDaddyCool American voters don't care about Canadian widows.

Tell me that's a joke. American voters in CT will easily be swayed by such an event that paints Linda and her WWE background as monsters.

[BigDaddyCool]

Voters that would be swayed by that are already swayed by the fact WWE is WWE. Plus there are a ton of other monsterous things out there.

[PullMyFinger]

At the end of the day, politics in America is politics. And your opponent and their supporters will dig up such stuff and exploit any matter like that. It's how things work, and the timing of this is no coincidence whatsoever.

Any bad publicity like this is good. You can't just reduce things to being that simple.

[Tazz Dan]

Martha's just pissed she wasn't allowed into CM Punks stable.

[Savio]

Martha wants the money she knows WWE is trying to keep a low profile with the campaign so she is filing this lawsuit.

[Ol Dirty Dastard]

lol if u don't think the WWE has a strong element of evil in it, you're fucking retarded.

[NeanderCarl]

Originally Posted by Kane Knight I'm just going to stop you there and point out your understanding is wrong.

Oh yeah? And why? Owen Hart, when he was alive, chose to sign a WWF talent contract to earn his living. Rightly or wrongly, the standard WWF/E contract says that any creative undertaking as part of WWE programming is owned by the company to do what they will with it. You sign, they own. And Owen would have been aware of this upon signing, and still elected to do so.

Whether a guy is dead or alive doesn't change that fact.

[Juan]

I always thought that as part of the settlement Martha got, WWE agreed not to use Owen's likeness for profit...?

[jskinnyg]

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

Me too... Her case seems to be strong... But I am no lawyer...

[Blue Demon]

Originally Posted by Juan I always thought that as part of the settlement Martha got, WWE agreed not to use Owen's likeness for profit...?

Do mentions in passing really count that much, and Bret himself had a hand in making his own DVD...so he's not even allowed to mention his own brother?

[DLVH84]

To me, that's bullshit. I think Owen should be recognized for his work.

[Providence Peep]

Maybe Vince and Martha will reconcile if he lets her come back to guest host

[Providence Peep]

As sad and tragic as Owen's passing was, I think it's also quite sad that it's now 11 years later and Martha Hart is still holding onto all this resentment toward Vince McMahon and the WWE. Resentment isn't healthy, at all, and for her own good and for the good of her children she needs to let go of it. Doesn't she know that's what Owen would want from her? To forgive and move on, and let his fans celebrate his accomplishments? I think that's what Owen would want.

[Kane Knight]

Originally Posted by PullMyFinger At the end of the day, politics in America is politics. And your opponent and their supporters will dig up such stuff and exploit any matter like that. It's how things work, and the timing of this is no coincidence whatsoever. Any bad publicity like this is good. You can't just reduce things to being that simple.

Assuming it's picked up by anyone who gives a shit. That's what BDC was on about. nobody cares. This will make some B-roll news, but worse stuff can be dug up on Linda and is barely being touched because nobody cares.

BDC may be an inbred, Amish hick with a fat fetish, but he's also correct.

Originally Posted by NeanderCarl Oh yeah? And why? Owen Hart, when he was alive, chose to sign a WWF talent contract to earn his living. Rightly or wrongly, the standard WWF/E contract says that any creative undertaking as part of WWE programming is owned by the company to do what they will with it. You sign, they own. And Owen would have been aware of this upon signing, and still elected to do so. Whether a guy is dead or alive doesn't change that fact.

Hmmm....You raise a good point. Except if that was true, they wouldn't need tademarks at all. They wouldn't need to license with other individuals, like former wrestlers for their likenesses in games and on media.

Why, they'd still be able to call it WWF on tape if your argument was correct. No blurs on corners because LOL THERE ON CAMERA.

Except copyright and trademark don't work that way. Now, someone like Chris Jericho has signed his ring name over to WWE. He's a willing party in the trademark claim on his name, so it's kosher. He can't wrestle anywhere else under that name without their okay, and they can use his name freely. Likenesses are a little different, and a person's identity is even harder to deal with. This is why so many guys enter under pseudonyms, even if those names are similar to their own and such, why guys like Warrior changed their names to be able to continue to use them.

Contracts have gotten way stricter since Owen's days, which include things like no-compete clauses. There's only been a trademark on Jericho's name since 2005, which should tell you how different a ballgame it is now. But a person's own identity and likeness don't go away because of a contract with WWE. Or being on film.

A kind of flip side example was the suit over Hall and Nash in WCW. WWF sued over the implication that they were affiliated with WWF and their WWF counterparts.

[NeanderCarl]

But that's an entirely different scenario altogether. WWE owns their own tape library and don't need to sign guys up for Legends contracts or anything of the like to re-release items from their own back catalogue. They sign people up to use their likeness for new materials such as action figures, video games etc.

But WWE has been re-releasing all their old PPV anthologies on DVD over the last few years. Now they didn't need to sign up everybody who ever worked, say, a WrestleMania to a Legend contract did they? They can sign a guy to one of those merchandise deals if they want to exploit their name, image, likeness and personality for new purposes - be it documentaries with their involvement on new materials, Hall of Fame inductions, T-shirts, DVDs, figures, games etc. - but they don't need to sign anyone up simply to release old material that they already own outright.

[AKin3D]

Originally Posted by Providence Peep As sad and tragic as Owen's passing was, I think it's also quite sad that it's now 11 years later and Martha Hart is still holding onto all this resentment toward Vince McMahon and the WWE. Resentment isn't healthy, at all, and for her own good and for the good of her children she needs to let go of it. Doesn't she know that's what Owen would want from her? To forgive and move on, and let his fans celebrate his accomplishments? I think that's what Owen would want.

Nicely put, but that woman believes that this is what Owen would want. Just like she believed in shielding her children from wrestling and refusing to let them see many family members, just because of her hate toward wrestling.

Anyway, I'm not surprised. I forgot were I heard the small rumor from like last year or the year before that. But I guess his son got of his leash and got a small taste of reality when it came to his father and what he means to the fans. Since it's more or less said she's demonised us all. And well this year with him turning 18, she's really got her back to the wall on how much more she can shield him. I guess blackmail him with his sister.

[Lord-Of-Darkness]

Originally Posted by NeanderCarl They can sign a guy to one of those merchandise deals if they want to exploit their name, image, likeness and personality for new purposes - be it documentaries with their involvement on new materials, Hall of Fame inductions, T-shirts, DVDs, figures, games etc. - but they don't need to sign anyone up simply to release old material that they already own outright.

To be fair, I don't even think they need to sign the guy to anything to release a new DVD like a documentary. Lets not forget the Warrior DVD.....

This leads me to believe that the agreement was not to use him to promote the company in any way, such as making a 'Best of Owen Hart' DVD, or putting him in as a legend in SVR games, making action figures etc.

But it seems like she wants more, she wants his matches removed from box sets, his name not to be mentioned in magazine articles, and to be erased from title histories and 'Top 20 superstar' lists etc from the website.

It seems like she wants him to have the Benoit treatment. Now most people argue that erasing Benoit from all the work he did over the years is wrong, and he killed to two people before taking his own life. To do that to Owen, who died from a tragic accident, is just plain wrong.