Tommy Gilbert, acting on behalf of his son Eddie’s estate, and his younger son Doug Gilbert, filed a lawsuit against WWE and ESPN recently.
Both brothers appear on Global Wrestling Federation shows that air on ESPN Classic in the United States, as well as various libraries WWE owns.
Additionally, WWE Network’s video on demand library includes various matches of both brothers, some of which feature Doug being in his “Dark Patriot” character in WCW.
The Gilbert’s are claiming that they never gave permission for WWE or ESPN to use their likeness and have not been compensated for it.
Below is the complaint that was filed:
“While they performed live, neither of the Gilberts signed contracts or gave permission to WWE or ESPN to use recordings of the Gilberts’ names or likenesses. The defendants have impermissibly and in violation of the Gilberts’ rights of privacy shown recordings of past wrestling matches that use and display the Gilberts’ names and likenesses. Additionally, Defendants have violated the Gilberts’ rights of privacy by using the Gilberts’ names and likenesses through other media. Neither Doug Gilbert nor Eddie Gilbert has received compensation for the Defendants’ use of the Gilberts’ names and likenesses. Accordingly, the Gilberts seek compensation and all other damages to which they are entitled based on Defendants violation of the Gilberts’ rights of privacy.”
The Gilberts are not seeking to block use of the footage; instead, they just want to be paid the compensation they feel they’re due. Meanwhile, WWE made a statement to TMZ, and to quote their paraphrase of it:
“The WWE believes it has full clearance. A rep tells TMZ … the org has purchased legal rights to use old footage from other wrestling groups — such as ECW and WCW — and as a result … it expects this lawsuit to be dismissed.”