Wrestling Forum banner

1 - 20 of 74 Posts

·
Registered
Joined
·
6,303 Posts
Discussion Starter #1 (Edited)
Update:



------------

http://www.pwinsiderelite.com/Pics/PWInsiderHardyContractExtract.pdf - Matts contract

Sorry its PWInsider
Good afternoon,

In response to on-going speculation concerning our position with respect to the “Broken Brilliance” creative, I am providing this detailed log of our communications on the subject and the contractual structure of our relationship with Matt Hardy with respect to intellectual property matters (which is standard to our roster and in the industry).

There has never been any argument from Impact Wrestling that the Hardy’s were key contributors to the development of the characters and story line, or that Matt Hardy and Jeff Hardy executed on their roles in spectacular fashion. But the position taken by the Hardys is a massive disservice to the contributions of the rest of the creative team at Impact Wrestling, including Jeremy Borash,
Dave Lagana, Matt Conway and Billy Corgan, and is totally at odds with the terms of their contracts.

The Hardys would have you believe that Anthem is somehow avoiding their lawyers to address this. This is the log of our communications with the Hardys and/or their lawyers. It is clear that we have not been avoiding them.

March 10 – EBN speaks with executives at ROH about “Broken Brilliance” being used in ROH shows. I indicated willingness to provide an arrangement that would allow the creative to be used in ROH shows and encouraged ROH to have Matt speak with me if he wanted to pursue that discussion

March 11 – EBN spoke at length with Matt by telephone about the structure of an amicable arrangement for use of the Broken Brilliance creative

March 14 – Matt sent text message to Ed Nordholm at 4:05pm:

“Tried giving you a call, it rang & went busy. I'm open to working things out amicably as we spoke about. The lawyer who represent me is interested in seeing your offer. My lawyer's email is {redacted} which you could send the offer to for review. Thanks.”
And I responded by text at 6:41 pm

“Thank you Matt. I was supposed to be [flying] into NYC today and am a little twisted. I will pull something together with [our] lawyers and try to get it over to your lawyer tomorrow or Thursday at latest“

March 16 – At 8:25 pm I sent an update text to Matt: “Hi Matt. My lawyer got me a draft too late to get reviewed for today. I will look at it in the morning. Sorry for the delay”

And he responded at 9:16 pm
“Ok, he's ready for it. Thanks for the update.”

March 17 – counsel for Anthem Wrestling delivered draft proposal to counsel for Matt Hardy

March 24 – counsel for Anthem Wresting followed up with Matt Hardy counsel requesting comments on the pr-oposal

March 27 – counsel for Matt Hardy responds that they have been away and have not reviewed the proposal but will be back “in the next few days”

After which no further communication until

April 18 – counsel for Matt Hardy leaves a voice mail message for counsel for Anthem Wrestling asking to arrange a meeting April 20 – EBN contacts WWE by email to determine veracity of internet rumours concerning WWE interest in Broken Brilliance April 21 --

WWE respond by email that there “is no interest on our end” {redacted email exchange attached} April 21 – counsel for Matt Hardy sends a follow up message requesting a meeting

April 27 – lawyers speak to arrange a meeting May 16 – lawyers meet but no agreement reached

Finally, I am attaching a copy of the relevant provisions of Matt’s contract with Impact. The clause is virtually identical to the corresponding provisions of every wrestler under contract with Impact.

The facts are that we tried to accommodate the Hardys for their Ring of Honour engagements, and have tried to elicit an indication from WWE whether they have an interest in using the Broken Brilliance creative in WWE. We are not hoarding it from WWE; WWE is not interested in it.

We fully respect the decision of Matt and Jeff to return to WWE and appreciate all of their contributions to Impact Wrestling. We wish them every success.

Our focus is on the future and we will not have any further public comment on this matter.

Ed Nordholm
Part 2...
PWInsider.com confirmed with other Impact officials that the email from Nordholm was legitimate, as were the files that were attached.

The except of Hardy's contract features several highlighted passages that denoted that any original intellectual property created while working for Impact would become Impact's property under "work for hire" rules and that they would retain that ownership of the IP as well as the video rights to the performances, even after the contractual relationship between the two sides had completed.

The retracted email exchanged between Nordholm and someone from WWE revolves around online rumors that WWE was looking to get involvedin the situation between Anthem and the Hardys and that they were looking to use the "Broken" personas on WWE programming. The email exchange states, from the WWE side, that there was no interest in the characters.
 

·
Registered
Joined
·
6,303 Posts
Discussion Starter #2
Re: Full statement from Anthem Sports and a pdf of Matt's contract and communication logs between lawyers

Reby started mass tweeting about 20mins ago. Outside of the personal insults she claims the excerpt isn't from their final contract and their lawyers billables contradict Anthems correspondence logs. And that the IP is 100% Matts.

It's pretty clear now: Anthems assigned a price to the gimmick and no ones biting so Matt wants it for a massive price cut. But Anthem would rather sit on it than be lowballed as they know the gimmick only has value to one party who is incidentally the only interested party.
 

·
Banned
Joined
·
3,375 Posts
Re: Full statement from Anthem Sports on the Broken Universe and a pdf of Matt's contract and communication logs between lawyers

It was created in TNA so it stays in TNA, thats all there is to it.
 

·
#WoodwardOut #LUHG
Joined
·
15,085 Posts
Re: Full statement from Anthem Sports on the Broken Universe and a pdf of Matt's contract and communication logs between lawyers

Ed is a mark and a dumbass moron

Tna deserves to go out of business

Sent from my SM-G930F using Tapatalk
 

·
Registered
Joined
·
938 Posts
Re: Full statement from Anthem Sports on the Broken Universe and a pdf of Matt's contract and communication logs between lawyers

It was created in TNA so it stays in TNA, thats all there is to it.
Bully Ray was created in TNA and he's presently using it in ROH. There was also plans to use the character in WWE but it was nixed at the last second.

Would you care to play again?
 

·
Banned
Joined
·
3,375 Posts
Re: Full statement from Anthem Sports on the Broken Universe and a pdf of Matt's contract and communication logs between lawyers

Bully Ray was created in TNA and he's presently using it in ROH. There was also plans to use the character in WWE but it was nixed at the last second.

Would you care to play again?
Sure, bully was smart enough to trademark it as he said in many interviews. The hardys did not.
 

·
Registered
Joined
·
938 Posts
Re: Full statement from Anthem Sports on the Broken Universe and a pdf of Matt's contract and communication logs between lawyers

God this is pathetic.


Sent from my iPad using Tapatalk
 

·
Absolute Scumbag.
Joined
·
4,022 Posts
Re: Full statement from Anthem Sports on the Broken Universe and a pdf of Matt's contract and communication logs between lawyers

After all the loyalty Matt and Jeff showed TNA over the years I really hope that talent see's how selfish the company really is. Id certainly never go back if I was them.
 

·
Lets go to the old mill anyway, get some cider!
Joined
·
15,626 Posts
Re: Full statement from Anthem Sports on the Broken Universe and a pdf of Matt's contract and communication logs between lawyers

What do people not understand about how this stuff works?

It's up to the performer themselves to trademark things, that's why AJ can be his character anywhere he goes. It's written into his contract, same reason why Hogan could take his character from WWF to WCW back in the day.

All of these situations are not the same, it depends on what is written in the contract and whether or not the performer has applied for the status of ownership legally.

This is what any business would do, anyone who thinks otherwise is kidding themselves out of some misplaced hope that they will see the broken stuff in WWE.
 

·
Registered
Joined
·
9,730 Posts
Re: Full statement from Anthem Sports on the Broken Universe and a pdf of Matt's contract and communication logs between lawyers

After all the loyalty Matt and Jeff showed TNA over the years I really hope that talent see's how selfish the company really is. Id certainly never go back if I was them.
That's what 32424234 wrestlers said about WWE. Before they went back.
 

·
Intoner
Joined
·
6,591 Posts
Re: Full statement from Anthem Sports on the Broken Universe and a pdf of Matt's contract and communication logs between lawyers

read some comments of 411, which isn't a Impact friendly that much and most of people admit Reby and Matt are wrong.

I guess at this point, after contract pdf, you have to be either a troll or have no clue on the situation, to be on hardy's side.

also saw someone wrote, that matt and jeff were loyal to the company for years, welp, where did that loyalty go in feb 2017? yeah, right. it wasn't loyalty, Dixie just gave them everything they wanted and once it stopped they left. Jeff owes TNA his rehab and his life (his words) and he stabbed them in the back.
 
  • Like
Reactions: volde and jahruze

·
Registered
Joined
·
4,141 Posts
Re: Full statement from Anthem Sports on the Broken Universe and a pdf of Matt's contract and communication logs between lawyers

WWE does not care not want the Broken characters. They just don't want their competition to have it.
We're suppose to believe and take Anthem's word on that with their track record in short time they've taken over TNA/Impact? Sorry but it was always be TNA to me.

If WWE doesn't want to use it then why is Matt trying to gain ownership?

Sure, bully was smart enough to trademark it as he said in many interviews. The hardys did not.
You missed the part where Matt filed a trademark. Anthem suddenly cares and responds once that was done. Between that and Hardys deciding to leave. Sour grapes by Anthem. Lets hold it hostage, despite the fact they're only hurting themselves by doing so. How do they stand to profit from the gimmick? If Matt didn't want the gimmick Anthem wouldn't even give a fuck at all.
 

·
Registered
Joined
·
9,384 Posts
Re: Full statement from Anthem Sports on the Broken Universe and a pdf of Matt's contract and communication logs between lawyers

Funny, im still on matts side. Same as I am with Cody.

Wrestlers need their creations. Period. Also don't buy this for a second.
 

·
Registered
Joined
·
2,582 Posts
Re: Full statement from Anthem Sports on the Broken Universe and a pdf of Matt's contract and communication logs between lawyers

Since the Hardy's didn't trademark the characters and other parts of the gimmick, Impact owns it.

It's the same reason WWE owns the name Cody Rhodes.

If the performer doesn't own a trademark for their character, the promotion it appear on tv for owns it.

It's a part of copyright law. Since Impact has proof that the characters and other features of the Broken Universe orginated on their show, and the Hardy's have no legal copyright or trademark on the it, the ownership of the characters and concept go to Impact. It's the same with all other forms art too. If a single writes a song but doesn't copyright it, and releases it with a label, the label owns it and just owns royalties to the singer.
 
  • Like
Reactions: GothicBohemian

·
Registered
Joined
·
9,384 Posts
Re: Full statement from Anthem Sports on the Broken Universe and a pdf of Matt's contract and communication logs between lawyers

Since the Hardy's didn't trademark the characters and other parts of the gimmick, Impact owns it.

It's the same reason WWE owns the name Cody Rhodes.

If the performer doesn't own a trademark for their character, the promotion it appear on tv for owns it.

It's a part of copyright law. Since Impact has proof that the characters and other features of the Broken Universe orginated on their show, and the Hardy's have no legal copyright or trademark on the it, the ownership of the characters and concept go to Impact. It's the same with all other forms art too. If a single writes a song but doesn't copyright it, and releases it with a label, the label owns it and just owns royalties to the singer.
Hardy DID trademark it. Not every term though. Nero they may own.
 

·
Registered
Joined
·
2,582 Posts
Re: Full statement from Anthem Sports on the Broken Universe and a pdf of Matt's contract and communication logs between lawyers

Hardy DID trademark it. Not every term though. Nero they may own.
Last time I checked they never actually filed for any trademarks for it. DO you have a link to a source? And Nero is Jeff's legal middle name. They can use it no matter what. He can't be stopped from calling himself Nero if he wants to.
 

·
Registered
Joined
·
9,384 Posts
Re: Full statement from Anthem Sports on the Broken Universe and a pdf of Matt's contract and communication logs between lawyers

Last time I checked they never actually filed for any trademarks for it. DO you have a link to a source? And Nero is Jeff's legal middle name. They can use it no matter what. He can't be stopped from calling himself Nero if he wants to.
I forget where, but yes, there is a screencap of it. Filed for "Broken Matt Hardy"

Edit:



Edit 2:

I tell the truth & I don't need to desperately overcompensate to prove my public credibility. My facts will be shared via the correct venue.

— Matt Hardy #DTO (@MATTHARDYBRAND) May 24, 2017
This aint over.
 

·
Registered
Joined
·
4,141 Posts
Re: Full statement from Anthem Sports on the Broken Universe and a pdf of Matt's contract and communication logs between lawyers

Last time I checked they never actually filed for any trademarks for it. DO you have a link to a source? And Nero is Jeff's legal middle name. They can use it no matter what. He can't be stopped from calling himself Nero if he wants to.
http://411mania.com/wrestling/matt-hardy-files-trademark-for-broken-gimmick/

– Matt Hardy has laid the claim of ownership on his “Broken” gimmick. Hardy filed an application for “Broken Matt Hardy” on March 1st following the expiration of his contract with Impact Wrestling. The trademark filing lists as a standard character mark for use in “Entertainment services, namely, wrestling exhibits and performances by a professional wrestler and entertainer.”
 

·
Registered
Joined
·
2,582 Posts
Re: Full statement from Anthem Sports on the Broken Universe and a pdf of Matt's contract and communication logs between lawyers

I may be wrong but didn't Impact claim legal ownership before March 1? If they did then Matt filing for a trademark doesn't matter.

If he didn't file until after they made their legal claim, his claim is void unless he can get a judge to rule in his favor. Now, if Impact hadn't filed a claim, he could use the gimmick whenever he wanted and would legally be able to trademark it. But if they filed their claim before he filed his, their claim is considered the legal one. They own it until a judge rules that Matt has more of a claim.

And the he only filed for ownership of Broken Matt Hardy as a stage name. If anything, it only would give him ownership of Broken Matt Hardy. It wouldn't give ownership of the term Broken Brillience or any of the other created terms. Jeff would be able to call himself Brother Nero simply by the fact that Nero is his legal middle name but, they might not have ownership of the "Broken Hardies" team name, or anything else other than Broken Matt and Brother Nero. Since Impact already filed for ownership of all the other content, Matt can't claim to own it, even if his trademark was filed on time.
 
  • Like
Reactions: GothicBohemian
1 - 20 of 74 Posts
Top