This led to a series of lawsuits filed by both companies as the war heated up. The background facts in a 1997 filing regarding a motion to dismiss filed by WCW has, by far, the most amusing passage in any wrestling related court filing I've read online:
"Plaintiff contends that success in the professional wrestling business depends upon the development of interesting wrestling characters and story lines. Characters must have names, personalities, histories, relationships, personas, and visual appearances that appeal to consumers.
Plaintiff alleges that WWF programming combines character-driven story lines with skillful wrestling while WCW has no reputation for creativity. TBS proposed inter-promotional matches in order to associate WCW with WWF, but Plaintiff rejected this idea."
As part of the same lawsuit, WWE subpoenaed wrestling newsletter columnist turned WCW Hotline personality/Pittsburgh radio sports talk show host Mark Madden. Madden asserted journalistic privilege when asked who his sources were for one of his hotline reports.
The issue of whether or not Madden was actually serving as a journalist became its own mess. Eventually, the court ruled against him in vicious fashion:
"Madden's activities in this case cannot be considered 'reporting,' let alone 'investigative reporting.' By his own admission, he is an entertainer, not a reporter, disseminating hype, not news. Although Madden proclaims himself to be 'Pro Wrestling's only real journalist,' hyperbolic self-proclamation will not suffice as proof that an individual is a journalist.
Moreover, the record reveals that all of Madden's information was given to him directly by WCW executives. Madden's deposition testimony acknowledges that WCW employees were his sole source of information for his commentaries. He uncovered no story on his own nor did he independently investigate any of the information given to him by WCW executives.
Madden also fails the test in two other critical aspects: first, he was not gathering or investigating 'news,' and second, he had no intention at the start of his information gathering process to disseminate the information he acquired. Madden's work amounts to little more than creative fiction about admittedly fictional wrestling characters who have dramatic and ferocious-sounding pseudonyms like 'Razor Ramon' and 'Diesel.'"
The lawsuit went on for years, ending with a settlement in 2000. One of the terms gave WWE the right to bid on WCW's assets if the company was liquidated. As mentioned in the Sid lawsuit post, Time Warner cancelled WCW's television shows in March 2001 and sold the company assets to WWE.
The selling price was somewhere in the $2.5 million to $4.3 million range, depending on how it's calculated. As a term of the sale, WWE promised to buy a certain amount of advertising on TBS and TNT for a few years.
No comments:
Post a Comment