AEW moved to dismiss multiple counts in a lawsuit that centers around Luchasaurus' mask.
As Wrestlenomics previously reported, Composite Effects, LLC, filed a legal complaint against All Elite Wrestling and Austin Matelson based on the claim that the designer has the copyright of Luchasaurus' mask, and AEW is using it for merchandising without permission. The claim noted that Matelson previously worked with Composite Effects (CFX) to have a modified version of heir "Viper Silicon Mask" made.
Matelson was permitted to use the mask as par of his attire for events, but he was not entitled to use it sell merchandise that featured the design. CFX claimed that AEW purchased the rights to a new mask after the two sides failed to reach a licensing agreement. The complaint noted that this new design was rarely used, as Matelson said that "he and Tony", seemingly referring to AEW CEO Tony Khan, agreed that the mask couldn't be changed because it was iconic.
The complaint also notes that Composite asked Luchasaurus and AEW to either stop using the copyrighted design or agree to a licensing agreement, but neither of those requests were granted. Additionally, Composite claimed that Matelson contacted another designer and asked them to create a new mask, which was similar to Composite's design.
In the complaint, Composite Effects noted they are seeking profits AEW has made in connection to the alleged infringement, other damages, and attorneys’ fees.
Per Brandon Thurston of Wrestlenomics, AEW was granted an extension to respond to the complaint by February 22, 2023. This deadline was extended to March 21.
In the latest update, court records (via Thurston) show that AEW moved to dismiss five of the six counts raised by Composite Effects, as the company argued that these counts fail to make a viable claim or are preempted by the Copyright Act. AEW stated that they would answer the other count after a decision regarding this motion.
Defendant All Elite Wrestling, LLC (“AEW”) respectfully moves the Court to dismiss Counts II (unfair competition under the Lanham Act), III (unfair competition under the Louisiana Unfair Trade Practices Act), IV (conversion under Louisiana law), V (unjust enrichment under Louisiana law), and VI (liability for causing damages under LA. Civ. Code 2315) for failure to state a claim under Fed. R. Civ. P. 12(b)(6).1 As set forth in greater detail in the Memorandum in Support that is filed contemporaneously herewith, with regard to each of these counts, Plaintiff Composite Effects, LLC has either failed to assert a viable claim and/or attempted to plead a claim that is clearly preempted by the Copyright Act. Accordingly, these Counts of the Complaint should be dismissed.
WHEREFORE, AEW respectfully requests that the Court grant its Motion to Dismiss Counts II, III, IV, V, and VI of the Complaint, and for all other just and proper relief
AEW's argument included a 10-page memorandum that detailed its position that the aforementioned counts failed to make a viable claim or are preempted by the copyright act.
By way of Counts II, III, IV, V, and VI of the Complaint, Composite Effects, LLC (“CFX”) purports to assert claims for unfair competition under the Lanham Act, unfair competition under the Louisiana Unfair Trade Practices Act, conversion under Louisiana law, unjust enrichment under Louisiana law, and liability for causing damages under LA. Civ. Code 2315. With regard to each of these claims, CFX has either failed to assert a viable claim and/or attempted to plead a claim that is clearly preempted by the Copyright Act. As such, Defendant All Elite Wrestling, LLC (“AEW”) respectfully requests that these Counts be dismissed.
Fightful will continue to monitor the situation and provide more information as it becomes available.
