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MPDTT

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There's an article on Sportskeeda (I know) headlined "Undertaker vs Sting could happen in AEW". 

This is the sort of thing that will kill fan support for AEW. They're building up an intriguing roster, with some interesting working relationships with other promotions, and have the opportunity to do something really special, but before they've even run a single show, fans are convincing themselves that they're going to do the impossible, book twenty year old dream matches, lure CM Punk, Batista and Goldberg out of retirement, sign away the entire WWE main event scene, and present a viable alternative that's nothing like WWE. Oh, and obviously they're going to end PG and BRING BACK THE ATTITUDE ERA. They could put on the best possible show and people will be disappointed because they didn't live up to expectations they've done nothing to warrant.

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You can't claim IP over a bell chime. You would essentially be claiming ownership over a musical note. It's also worth remembering that the bulk of his entrance music is the Funeral March by Chopin

The only wiggle room I can see is they may have given him rights to use the character for non wrestling appearances (which wouldn't be a stretch considering how engrained he is with WWE and is winding down his in-ring career)

100% that character isn't appearing in a non WWE ring. 

Edited by chokeout
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2 minutes ago, chokeout said:

You can't claim IP over a bell chime. You would essentially be claiming ownership over a musical note. It's also worth remembering that the bulk of his entrance music is the Funeral March by Chopin

They would be able to make an argument for its use in that context, though. A tolling bell followed by the Funeral March might, in itself, be in the public domain, but within the context of Mark Callaway appearing at a wrestling show, would be a clear attempt to present him as the WWE-owned Undertaker gimmick. 

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9 minutes ago, mim731 said:

Because the gong, or something similar in relation to The Undertaker will be part of the IP owned by WWE. Anything that would mislead the fans into thinking a major WWE-owned iconic character (it's possible he may own the name, but you can bet WWE own everything else) would be appearing on a competitor's show, on PPV would be a slam dunk for legal ninja Jerry McDevitt. 

Pretty much. I mean, WWE in no way own the "WASSSUP" shite but they were still able to stop the Dudleys from using it in TNA. Of course, a lot depends on whether the other guy can afford to fight any lawsuits. WWE's at the stage where they can claim whatever they like, because very few people can stand up to them financially. That's why Cody doesn't have a surname, despite having a pretty clear "fair use" argument.

I'd be very surprised if WWE actually went after Undertaker for anything though. I mean, if anyone gets a pass then surely it's 'Taker?

2 minutes ago, chokeout said:

You can't claim IP over a bell chime. You would essentially be claiming ownership over a musical note. It's also worth remembering that the bulk of his entrance music is the Funeral March by Chopin

They once claimed IP over Scott Hall talking in a Hispanic accent.

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12 minutes ago, TheBurningRed said:

So you’re saying we probably won’t be getting Undertaker and the Druids vs Joey Ryan and the dicks match? Fuck this company. 

I would be so much more interested in that than literally anything else they could do with him. That sounds amazing.

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13 minutes ago, BomberPat said:

They would be able to make an argument for its use in that context, though. A tolling bell followed by the Funeral March might, in itself, be in the public domain, but within the context of Mark Callaway appearing at a wrestling show, would be a clear attempt to present him as the WWE-owned Undertaker gimmick. 

This is a far more succinct explanation of what I was getting at. Context is key, and within a wrestling context they would almost certainly have a case for an IP claim.

 

2 minutes ago, unfitfinlay said:

They once claimed IP over Scott Hall talking in a Hispanic accent.

This. WWE are a very protective, highly litigious organisation especially when it comes to IP. I don't believe even Taker would get a pass, especially for use on a competitor show,  nor do I think he'd request one beyond use of the name for convention appearances. But I'm sure if Taker went to Vince and said "look, these guys want to pay me 25k to sign autographs, I won't be on the show", I'm sure Vince would have no issue. Given how crazy he is he'd probably applaud Undertaker for rinsing them for that amount of money for a few hours easy work.  

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I was optimistic about this until watching the pool party and although I survived past Conrad Thompson I had to tap out after Sammy Guevara's 'promo'. Absolute cringe. Someone please reassure me that he is going to be AEW's Colin Delaney?

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24 minutes ago, BrodyGraham said:

Does it sound to anyone else like Tony Kahn and Jericho were inferring a league like system for AEW?

I like the sound of that, but it'd be a fucking ball ache to implement.

Sounded to me just more along the lines of title matches won’t be thrown to just anyone despite recent form, and that people will act annoyed to lose than wwe style of just acting like nothing bad happened 

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54 minutes ago, unfitfinlay said:

Pretty much. I mean, WWE in no way own the "WASSSUP" shite but they were still able to stop the Dudleys from using it in TNA. Of course, a lot depends on whether the other guy can afford to fight any lawsuits. WWE's at the stage where they can claim whatever they like, because very few people can stand up to them financially. That's why Cody doesn't have a surname, despite having a pretty clear "fair use" argument.

I'd be very surprised if WWE actually went after Undertaker for anything though. I mean, if anyone gets a pass then surely it's 'Taker?

They once claimed IP over Scott Hall talking in a Hispanic accent.

Those two are way more clear cut arguments. Cody doesn't have a surname because Cody Rhodes is a name that was created and trademarked by WWE and isn't his real name. I don't agree with them not letting him use it but they have every right.

The Scott Hall one was that he was intentionally portraying a WWF character, which WCW were implying and misleading the fans into thinking that and they weren't claiming IP, rather trademark infringement. The accent on it's only wasn't enough and it's often forgotten that Mark Madden saying they still worked for WWF and calling them Big Daddy Cool and The Bad Guy on the WCW hotline was just a big a point. The claim wasn't upheld (but wasn't dismissed either)

1 hour ago, BomberPat said:

They would be able to make an argument for its use in that context, though. A tolling bell followed by the Funeral March might, in itself, be in the public domain, but within the context of Mark Callaway appearing at a wrestling show, would be a clear attempt to present him as the WWE-owned Undertaker gimmick. 

Totally agree that context is everything but they would have to argue that they have control over non copyrightable media in regards to their trademarks, which they don't. 'Mark Callaway' walks down to that music they could file a complaint but it's very sketchy ground. They would have to refer it back to specifics of what elements of their character they have trademarked (which was also the basis of the Hall / Nash stuff)

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11 hours ago, PowerButchi said:

He was a heel being an arsehole. It's a great promo, you anus. I wouldn't throw my toys out of the pram about an antagonist being a homophobe in a film so I'm not about to in wrestling. Never been called thick before though. Its a strange feeling. I better go and eat some soap and think about it. 

 

I hope AEW fails. 

Well, you thick leek-munching cunt, I wouldn't throw my toys out the pram either, but if you're saying that Lawler's promo really needed to include the word "fag" then I would argue your child-abusing hero isn't quite as adept at promos as people like you would suggest. 

Edited by Brewster McCloud
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44 minutes ago, chokeout said:

Those two are way more clear cut arguments. Cody doesn't have a surname because Cody Rhodes is a name that was created and trademarked by WWE and isn't his real name. I don't agree with them not letting him use it but they have every right.

Nah. They just have more money.

It's not like we're talking about Stardust or "Dashing" here. The "Cody Rhodes" character is literally Cody Runnels, using the surname that his Dad used for decades. WWE can claim what they like but the IP over the Rhodes name clearly belongs to Dusty and his family.

Trademarks aren't a race. You can't just register someone else's stuff and then demand they stop using it. That's how Ultimate Warrior and Honky Tonk Man won their respective lawsuits against WWE. Because the characters were blatantly just Dingo Warrior and Honky Tonk Wayne, with slightly different names.

Quote

The Scott Hall one was that he was intentionally portraying a WWF character, which WCW were implying and misleading the fans into thinking that and they weren't claiming IP, rather trademark infringement. The accent on it's only wasn't enough and it's often forgotten that Mark Madden saying they still worked for WWF and calling them Big Daddy Cool and The Bad Guy on the WCW hotline was just a big a point. The claim wasn't upheld (but wasn't dismissed either)

 

Well, yes. That's my point. They claimed Hall talking in a Hispanic accent was a unique part of the Razor Ramon character, and that him doing it in WCW was a violation. And, sure, it wasn't enough on it's own, but that doesn't change the fact that they claimed it was theirs in a legal document. Same with Nash's goatee.

If Mark Calloway walks out with a gong sounding then, fine. If they do full the lights out bit, followed by haunting music and generally try and make it look like "THE UNDERTAKER IS HERE!!!!" then WWE could absolutely send them a cease and desist. The gong would just be a small part of it, like Hall's accent. 

1 hour ago, mim731 said:

This. WWE are a very protective, highly litigious organisation especially when it comes to IP. I don't believe even Taker would get a pass, especially for use on a competitor show,  nor do I think he'd request one beyond use of the name for convention appearances. But I'm sure if Taker went to Vince and said "look, these guys want to pay me 25k to sign autographs, I won't be on the show", I'm sure Vince would have no issue. Given how crazy he is he'd probably applaud Undertaker for rinsing them for that amount of money for a few hours easy work.  

Bruce Prichard's spoken about this on Something to Wrestling With before. Vince will occasionally say "fuck it, let them use it" depending on how he's feeling when a subject comes up.

I would hope to fuck that Vince still has a good enough relationship with Undertaker that he'd refuse to file a lawsuit against him, no matter what he's done. But, aye, like you said, I can't imagine 'Taker actually trying to appear on the show in character.

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I kind of love the conspiracy theorist angle that Vince is encouraging 'Taker to speak with them just to see what they're prepared to offer, and figure out how seriously they should take him.

The funniest part is that it's being widely reported as "Undertaker's first non-WWE booking", completely ignoring the fact that he's been booked to appear in the UK for months. Great job marketing that one, lads.

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