Jim Cornette filed a preliminary injunction against G-Raver dating back to 2019 over a t-shirt that said “F*ck Jim Cornette”. Cornette has lost this injunction and we have all the details of what went down below. Cornette chose to pursue the lawsuit over the t-shirt featuring his likeness. G-Raver’s attorney filed a motion to dismiss the lawsuit against his client and that motion was denied.
Alexandra J. Roberts, who writes on trademarks and entertainment law, revealed the details of the preliminary injunction in a Twitter thread, stating that “the court says the t-shirts aren’t commerce but speech: “G-Raver sold the shirts…to critique Cornette’s views on deathmatch wrestling through parody; 1a protects this expression…b/c parodies are a valuable means of expression to weaken the ideas the celebrity espouses.”
Roberts also went on to say that “on top of that, the shirts don’t create a likelihood of confusion & Cornette’s name may possess the distinctiveness that would make it a trademark. it’s certainly not a famous one capable of dilution. even if it were a mark, defendants’ uses aren’t similar” and that “even when the use is facially for a commercial or advertising purpose; the relevant exception here is…the shirts are expressive works & the use is through a communications medium.”
The court also ruled that the shirts are “works “invented by G-Raver’s imagination”; they are transformative.” Roberts noted how interesting cases like this from the wrestling world are: “cases about the wrestling world are always fascinating b/c the parties are not exactly people but not purely fictional characters”
the decision in the @TheJimCornette v. @StaySickGRAVER trademark & right of publicity lawsuit came out last month and it is a treat. big thanks to @ericgoldman for sending it my way. here's one of the shirts at issue (thread): https://t.co/QLDh07uaqZ pic.twitter.com/QHytu7kH1G
— alexandra j. roberts (@lexlanham) August 21, 2020
It was on a preliminary injunction. Glad you enjoyed it. Academia can be boring sometimes I am sure
— Steve New (@StephenPNew) September 1, 2020
the decision in the @TheJimCornette v. @StaySickGRAVER trademark & right of publicity lawsuit came out last month and it is a treat. big thanks to @ericgoldman for sending it my way. here's one of the shirts at issue (thread): https://t.co/QLDh07uaqZ pic.twitter.com/QHytu7kH1G
— alexandra j. roberts (@lexlanham) August 21, 2020
there's a 2nd shirt, called "clownette." a g-raver compatriot also registered the domain name https://t.co/eA7Z9XXVk1 & another filed an application to register FUCK JIM CORNETTE as a trademark for clothing. pic.twitter.com/szBXIDYmYd
— alexandra j. roberts (@lexlanham) August 21, 2020
cornette sues g-raver & some other players for federal trademark infringement, dilution, & cybersquatting, & violation of his right of publicity under pennsylvania law.
he does not succeed.
— alexandra j. roberts (@lexlanham) August 21, 2020
cornette is a wrestling commentator w/ 2 popular podcasts. the court calls him a "celebrity" w/ a "professional persona."
cases about the wrestling world are always fascinating b/c the parties are not exactly people but not purely fictional characters (see hulk hogan).
— alexandra j. roberts (@lexlanham) August 21, 2020
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