AEW has fired back at the plagiarism lawsuit against itself and WWE by a man seeking $250 million in damages as well as ownership of AEW.
When it comes to AEW, Wilson alleges that he had talked with Bullet Club members to join him and that the plan of starting a wrestling company was his plan. Wilson again did not provide clarification but stated that the Bullet Club members stole his plans to create AEW.
Duane Wilson is seeking $250,000,000 in damages, as well as a public apology from AEW. He is also seeking full control of Tony Khan’s wrestling promotion.
In a rebuttal this week, AEW denied all allegations against them and requested a jury trial. They noted:
Wilson’s Complaint, in whole or in part, fails to state a claim upon which relief may be granted.
Wilson’s Complaint, in whole or in part, fails to comply with Fed. R. Civ. P. 8 because it fails to provide a “short and plain statement of the claim showing that the pleader is entitled to relief.”
Wilson’s Complaint, in whole or in part, is barred by the applicable statute(s) of limitations.
To the extent Wilson alleges a claim for copyright infringement, such a claim is barred because Wilson does not allege the existence of a registered copyright.
To the extent Wilson alleges a claim for copyright infringement, such a claim is barred because any alleged work is not an original work of authorship.
To the extent Wilson alleges a claim for copyright infringement, such a claim is barred because of All Elite’s independent development of any allegedly infringing work.
To the extent Wilson alleges a claim for copyright infringement, such a claim is barred by fair use.
To the extent Wilson alleges a claim for trademark infringement and/or unfair competition, such a claim is barred because Wilson does not allege the existence of a valid trademark.
To the extent Wilson alleges a claim for trademark infringement and/or unfair competition, such a claim is barred by fair use.
To the extent Wilson alleges a claim for trademark infringement and/or unfair competition, such a claim is barred by the First Amendment.
To the extent Wilson alleges a claim for trademark infringement and/or unfair competition, such a claim is barred by abandonment.
To the extent Wilson alleges a claim for violation of his right of publicity and/or invasion of privacy, such a claim is barred because Wilson’s name, likeness, and/or persona have no commercial value and/or were not used by AEW for a commercial purpose or for commercial profit.
To the extent Wilson alleges a claim for violation of his right of publicity and/or invasion of privacy, such a claim is barred by the First Amendment.
To the extent Wilson alleges a claim for fraud, it is barred because he failed to plead it with specificity as required by Fed. R. Civ. P. 9.
To the extent Wilson alleges a claim for tortious interference, it is barred because no enforceable contract existed at the time of AEW’s alleged improper conduct.
To the extent Wilson alleges a claim for tortious interference, it is barred because there was no breach of an underlying contract or disruption of an underlying relationship.
To the extent Wilson alleges a claim for tortious interference, it is barred because AEW’s actions were legally justified and/or privileged, including but not limited to the privilege of fair competition.
To the extent Wilson alleges a claim for tortious interference, it is barred because the underlying contract was unconscionable.
To the extent Wilson alleges a claim for tortious interference, it is barred because AEW has no duty to contract with Wilson.
To the extent Wilson alleges a claim for conversion, such a claim is barred by abandonment.
To the extent Wilson alleges a claim for conversion, such a claim is barred by the non-existence of, failure to identify, or lack of value of the allegedly converted property.
To the extent Wilson alleges an entitlement to special damages, such a claim is barred by the failure to plead with particularity as required by Fed. R. Civ. P. 9.
Wilson’s claims are barred, in whole or in part, due to Wilson’s failure to mitigate its damages.
Wilson’s claims are barred, in whole or in part, because to the extent Wilson has suffered any damages, those damages were caused by his own actions or inactions, or the actions or inactions of third parties.
Wilson’s claims are barred, in whole or in part, by the doctrines of waiver, laches, estoppel, and unclean hands.
Wilson’s claims are barred, in whole or in part, by lack of consideration.
AEW reserves the right to amend this Answer and to raise any additional affirmative defenses not pleaded herein should it discover that such defenses are appropriate and/or available. WHEREFORE, having fully answered and stated affirmative defenses, AEW prays for judgment in its favor, for an award of attorneys’ fees and costs, and for such other further relief as this Court deems just and proper.”
WWE has received an extension on responding and must file a response by March 7.
