On March 21, after AEW filed a motion to dismiss five of the six counts raised by Composite Effects regarding similarities to a mask they created to the mask used by Austin Matelson (Luchsaurus), CFX proposed an amended complaint alleging Matelson had another mask maker create a similar mask that infringes on their copyrighted work, which CFX said is a breach of contract.
On March 24, Judge Fallon approved the filing into the record of CFX’s amended complaint.
On April 7, Matelson's lawyers submitted a motion to dismiss the complaint based on failure to state a claim.
Matelson’s attorneys wrote that CFX fails to plausibly allege that the modified versions of the Luchasaurus mask aren’t “substantially similar” to the “Viper Silicone Mask” that CFX claims as its copyright.
Photographic evidence was submitted to show that the two masks (Luchasaurus' mask and the “Viper Silicone Mask” by CFX) are not "substantially similar."
“It is evident from these pictures that the Luchasaurus Mask differs from the Copyright Work in much more than simply the addition of horns,” Matelson’s lawyers argued. “Most obviously, the Luchasaurus Mask is an entirely different shape, covering only the front part of the face above the mouth, rather than covering the full head with a cowl extending to the shoulders.”
Fans can view the filing by clicking here.
The original lawsuit was filed on December 20.
