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Attorneys for AEW filed the following before The United States District Court, Northern District of Ohio, Youngstown, arguing that the lawsuit filed against them and WWE by Plaintiff Anthony Duane Wilson (who is currently incarcerated in the State of Ohio) should be dismissed despite Wilson's attempts to have the lawsuit paused while he is incarcerated and facing sentencing on criminal charges. Wilson has accused each company of "plagiarism, market damages, product damages, personal damages and financial damages."
AEW's response:
The "Response Letter" filed by Plaintiff, Anthony Duane Wilson ("Wilson") on July 19, 2024 does not respond to any argument made by Defendant All Elite Wrestling, Inc. ("AEW") in its Motion to Dimiss Accordingly, for the reasons stated in AEW's Motion, Wilson's Amended Complaint should be dismissed.
Wilson spends most of his short response arguing things irrelevant to AEW's Motion— e.g., rearguing the motion to stay already denied by this Court, rebutting the jurisdictional arguments of Defendant World Wrestling Entertainment ("WWE"), alluding to other lawsuits involving WWE, and lamenting his lack of legal representation. His Response Letter makes minimal reference to any argument raised by AEW in favor of dismissal, and even those minimal references fall woefully short.
Specifically, the only passing reference to any of the bases for dismissal set forth in AEW's Motion is Wilson's argument that he could "expedite some registrations," presumably referring to his copyright claims. But the time for registrations is too late. Registration is a prerequisite to an action for copyright infringement, and Wilson's response makes clear that he has no copyright registration, such that his copyright claim must be dismissed. 17 U.S.C.A. § 411(a); Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC, 139 S. Ct. 881, 885 (2019) ("Registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright."); Andersen v. Thompson, No. 1:22-CV-00627, 2023 WL 5279497, at *2 (N.D. Ohio July 14, 2023), report and recommendation adopted, No. 1:22 CV 627, 2023 WL 5278818 (N.D. Ohio Aug. 16, 2023) (citing Reed Elsevier, Inc. v. Muchnick, 559 U.S. 154, 157-158, 130 S.Ct. 1237, 176 L.Ed.2d 18 (2010)).
Wilson makes no reference or response to AEW's arguments establishing that dismissal is proper on his remaining potential claims. Wilson has identified no trademark to support a claim for trademark infringement, no trade secrets or facts support alleged misappropriation of trade secrets, and no protected computer, unauthorized access, or damage to support a claim under the Computer Fraud and Abuse Act. (See AEW's Motion to Dismiss, ECF No. 19, at 7-10.) And Wilson fails to rebut the legal reality that his remaining claims do not provide a provide cause of action.
For the reasons set forth in its Motion, which are wholly unrebutted by Wilson, AEW respectfully request that the Court dismiss the Amended Complaint against AEW in its entirety, with prejudice.
***
Wilson's previous response:
"I oppose both motions to dismiss. Simply denying these things is not grounds for dismissal. Jurisdiction is federal not state and the amount in question is well over $75,000. They may feel this sum is outlandish but when you steal, damage and copy someone else's creative works, damages plus profits add up fast. As well each party lives in a separate state of the United States. This is federal court not a state court and both companies regularly do business in the state of Ohio on a worldwide stage, as do I and are tied to federal laws. Discovery will show parties malicious and deliberate acts. I would ask the court to deny both motions to dismiss and set the first hearing for after November 5th 2024. My time is short and I will be able to attend and file an overwhelming amount of evidence. It would be a tragedy of justice if the court were to allow these defendants to continue these actions against myself and anyone else. WWE just settled and (sic) antitrust lawsuit for malicious unfair action and have several lawsuits pending for terrible acts committed by some of the same people that will be named during discovery in this case. I may not be able to argue my case as well as both defendants attorneys but the American rule states I pay for my lawyer same as you so neither defendant is entitled to legal fees when I'm obviously having trouble finding legal representation I can afford seeing how I'm unable to perform do (sic) to an injury and the damages to my income from both defendants. I own everything I create automatically being protected by federal copyright laws and state common laws. If the defendants wish, I can expedite some registrations and ask the court for a continuance, though I will be seeking the 5 year prison term and the max fine of $250,000 for each malicious infringement as well as a sum that continues to grow with damages weekly. I above anyone wish these matters to be settled in a way that benefits all parties involved. I beg the court to denny these motions and allow me to present the facts and my case against both parties. I would as the court to reconsider my motion to stay until November 5th 2024 or grant a continuance until November 5th 2024. I'm doing my best to plead my case with limited freedoms. I do not receive mail in a timely fashion, affecting my times to respond. As with this letter I had less than 24 hours to respond. I have limited access to a law library that focuses on criminal law not civil. My motion was sent before my trial as a fail-safe in case the justice system failed me, which it did. This is a very short period of time most of which the court took up deciding."
Wilson had been previously attempting to get the lawsuit paused until 11/5/24, writing in that Motion, "I am unable to follow and argue my case, nor am I able to continue legal research at this time and believe, from my legal research, that is within the 8 month max time frame that a continuance would grant me. If the court would schedule the first hearing after this date so we can get to discovery or pause the proceedings, I may properly and timely respond to motions from the defendants who are very desperate to keep this from continuing into discovery."
WWE argued back in May before the court that a civil trial should not be stayed due to a criminal matter. AEW has also filed a motion to dismiss.
Wilson has been incarcerated since late March after he was found guilty on charges of harassment by an inmate. NBC Ohio affiliate WFMJ noted, "According to the county prosecutor’s office, the case involved an incident on Jan. 29, 2023, where a Trumbull County Jail correction officer was splashed with urine that Wilson had thrown from a milk carton through an opening in the discipline pod of the jail." Wilson pleaded not guilty by reason of insanity but the court ruled he was competent to stand trial. He had been released from jail after the incident but his bond was revoked and he is currently behind bars awaiting sentencing. He could face up to a year of incarceration.
In his original lawsuit, Wilson alleged that "WWE, its contractors, and employees have on multiple dates used my creative works without permission, infringing on my wrestling gimmicks, names, slogans and likeness." Wilson also alleged that he was going to start his own promotion and spoke with "members of the Bullet Club to join me in the venture of starting my company." Instead, without breaking down specifics, Wilson alleges, "They stole the plans from me and my social media pages and cut me out without giving credit or the portion I am entitled to as the creator."
In his lawsuit filing, Wilson claimed the situation has caused him "market damages, product damages, personal damages, financial damages. WWE an (sic) AEW are still using infringing works of mine, claiming they created these things and are not crediting me or paying for them, Many of which are not for sale. This will follow me my entire career. This has cost me work outside of professional wrestling and inside professional wrestling. These things have cost me fans an (sic) income. Several of these infringements were done maliciously to damage my reputation an (sic) career, attempting to embarrass me or waste my time. I'm a writer an (sic) professional wrestler, my creative works are my livelyhood (sic). From my research, I was informed if you cut out an original partner or the creator control of the company belongs to the exiled party. I'm seeking control of AEW an (sic) removal of stolen works, a public apology an (sic) a financial settlement for damages, my works an (sic) career will see until I retire. WWE Board Chair, WWE Stock for freelance work an (sic) business tactics of mine. Return all ships and plunder."
Wilson is seeking $250,000,000 in damages, as well as, obviously, all ships and plunder.
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