Enigma Posted September 9, 2005 Report Posted September 9, 2005 Credit: Dave Scherer/PWInsider.com Here's today's "WWE legal long arm of the law" story. They have sent a legal letter to the owner of www.BigVanVader.com, saying that Leon White (Vader) has given them the right to legal use the name (he recently signed a Legends contract with the company). They want the site owner to transfer the domain to them, despite the fact that he runs it as a fan site and has done so at a financial loss, because it's now their property. While it is in their legal right to do so, I would assume, it seems to me that they have much more important issues to deal with than keeping someone who is losing money on a fan site from paying tribute to his favorite wrestler.
Fökai Posted September 9, 2005 Report Posted September 9, 2005 From the letter... Second, we can file a lawsuit against you, seeking: (i) preliminary and permanent injunctions, (ii) money damages, (iii) compensation equal to your profits, (iv) reimbursement for attorney's fees (because of your blatant and intentional acts), and (v) a court order that you transfer the Domain Name to Mr. Leon White. Therefore, we demand that you transfer the domain name WWW.BIGVANVADER.COM to Mr. Leon White. If you do not comply with WWE's demands, WWE and Leon White may be forced to take further legal action. This letter is sent without prejudice to WWE's and Leon White’s rights and claims, all of which are expressly reserved. Huh?
Ripper Posted September 9, 2005 Report Posted September 9, 2005 They can't force him to turn over the domain name, can they? I mean, they can stop him from using the media and photos on the site, but if the guy bought the domain name, its his.
2GOLD Posted September 9, 2005 Report Posted September 9, 2005 They can't force him to turn over the domain name, can they? I mean, they can stop him from using the media and photos on the site, but if the guy bought the domain name, its his. <{POST_SNAPBACK}> As far as I know they can't, but he would also have to go to court against a multi-million dollar corporation with enough money and lawyers to wear him down to nothing to keep a fansite he is already losing money on. Face it, the WWE has everyone by the balls if they want. Don't be surprised if they go after those text-based games that were made recently and order they be removed from the internet once and for all.
humongous2002 Posted September 9, 2005 Report Posted September 9, 2005 Instead of wasting their time on screwing with legal issues, how about investing their time into getting new ideas for storylines and trying to get better ratings and buyrates out of Smackdown?
2GOLD Posted September 9, 2005 Report Posted September 9, 2005 Instead of wasting their time on screwing with legal issues, how about investing their time into getting new ideas for storylines and trying to get better ratings and buyrates out of Smackdown? <{POST_SNAPBACK}> Better to win the battles you know you can win than fight the ones you don't believe are your fault.
Guest Coffey Posted September 9, 2005 Report Posted September 9, 2005 Fuck it. If I were him I'd tell them to sue me. It'd be bad press for WWE for them to go after some random dude over a website that he's been running for a long time. Of course, I have nothing to lose. This cat probably does.
Dobbs 3K Posted September 9, 2005 Report Posted September 9, 2005 Yes, but assuming Leon White does own the trademark to "Big Van Vader", isn't the site owner infringing on his trademark then with that domain name?
The Decemberists Posted September 9, 2005 Report Posted September 9, 2005 I really am struggling to see the point of the lawsuit. How exactly is this damaging the WWE or Vader? They're just being dicks for the sake of being dicks.
Guest JRE Posted September 9, 2005 Report Posted September 9, 2005 Instead of wasting their time on screwing with legal issues, how about investing their time into getting new ideas for storylines and trying to get better ratings and buyrates out of Smackdown? <{POST_SNAPBACK}> If the WWE Creative Team is bad at it...just imagine how bad the WWE Legal Team would book.
2GOLD Posted September 9, 2005 Report Posted September 9, 2005 Yes, but assuming Leon White does own the trademark to "Big Van Vader", isn't the site owner infringing on his trademark then with that domain name? <{POST_SNAPBACK}> Wasn't the name "Big Van Vader" a WCW trademark. I thought that was the reason he couldn't use it when he went to the WWF from WCW. Leon White owns the name Vader I think, but not Big Van Vader. Unless he purchased that from the WWF and just re-sold it to them. And Coffey, what press? It would get zero coverage. You are talking about spending most of everything you make to fight for a website that is losing money right now.
The Decemberists Posted September 9, 2005 Report Posted September 9, 2005 "Big Van Vader" is, or was, a NJPW trade mark, that WCW could use as they had a deal with New Japan. That's why he was Super Vader in UWFi and just Vader in WWF. Don't know about it now though.
Scroby Posted September 9, 2005 Report Posted September 9, 2005 This is getting crazy. Why the hell is WWE going crazy with all these trademarks now. First all the dudleys, then Billy kiddman, Justin Credible, Hardcore Homecoming, now just fansites of wrestlers. This is crazy.
Guest The Iron Yuppie Posted September 10, 2005 Report Posted September 10, 2005 They can't force him to turn over the domain name, can they? I mean, they can stop him from using the media and photos on the site, but if the guy bought the domain name, its his. <{POST_SNAPBACK}> As long as WWE has some trademark or copyright over the name "Big Van Vader", and the fan doesn't, they may be within their legal rights to insist that the owner transfer the domain name to them. Five-ten years ago when the internet was beginning to take off, people would register domain names of companies and celebrities, or slight variations thereof (names which they had no legal rights to), and either attempt to extort money from those that legal rights to a particular name, or display negative content about that individual/corporation. The courts in those cases ruled (generally) that the domain name had to be transferred. In the US, there is also the Anticybersquatting Consumer Protection Act, which gives trademark owners legal remedies against those that obtain domain names in bad faith. That said, the tone and content of WWE's letter ("reimbursement for attorney's fees (because of your blatant and intentional acts")) is disgusting, especially as the fansite owner is not (1) profiting from the website and (2) is not doing anything that detracts from any interest that WWE has in the Vader name.
IWD Posted September 10, 2005 Report Posted September 10, 2005 A few years ago I heard about a porno actor named Shawn Michaels having to give up his website, despite his real name in fact being Shawn Michaels. The mind boggles...
Lil' Bitch Posted September 10, 2005 Report Posted September 10, 2005 Seriously, the WWE is becoming more dickish everyday.
Silence Posted September 10, 2005 Report Posted September 10, 2005 Seriously, the WWE is becoming more dickish everyday. <{POST_SNAPBACK}> Don't be surprised if they start going after us by forcing us to stop using WWE pics and videos on TSM. Bastards.
The Czech Republic Posted September 10, 2005 Report Posted September 10, 2005 What does "Big Van Vader" even mean, anyway?
Silence Posted September 10, 2005 Report Posted September 10, 2005 What does "Big Van Vader" even mean, anyway? <{POST_SNAPBACK}> I'm guessing the "Big Van" part has something to do with Vader being big enough to knock someone out much like an incoming van (vehicle) would. That still doesn't explain Vader's style of mask, though.
AndrewTS Posted September 10, 2005 Report Posted September 10, 2005 This should come to absolutely no surprised to anyone who is aware of WWE threatening e-feds and making them shut down.
2GOLD Posted September 10, 2005 Report Posted September 10, 2005 Seriously, the WWE is becoming more dickish everyday. <{POST_SNAPBACK}> Don't be surprised if they start going after us by forcing us to stop using WWE pics and videos on TSM. Bastards. <{POST_SNAPBACK}> Or they will get a court order requiring us to watch all their ppvs for full price just because we have happened to mention their name.
Silence Posted September 10, 2005 Report Posted September 10, 2005 Or they will get a court order requiring us to watch all their ppvs for full price just because we have happened to mention their name.<{POST_SNAPBACK}> Just imagine if WWE had done that this year before GAB '05.
Spaceman Spiff Posted September 10, 2005 Report Posted September 10, 2005 What does "Big Van Vader" even mean, anyway? <{POST_SNAPBACK}> I'm guessing the "Big Van" part has something to do with Vader being big enough to knock someone out much like an incoming van (vehicle) would. That still doesn't explain Vader's style of mask, though. <{POST_SNAPBACK}> IIRC, his name was "Van Vader" at 1 point, so the "Big" part just meant he was, y'know, big.
Ravenbomb Posted September 10, 2005 Report Posted September 10, 2005 A few years ago I heard about a porno actor named Shawn Michaels having to give up his website, despite his real name in fact being Shawn Michaels. The mind boggles... <{POST_SNAPBACK}> his name is Sean Michaels
Hunter's Torn Quad Posted September 10, 2005 Report Posted September 10, 2005 "Big Van Vader" is, or was, a NJPW trade mark, that WCW could use as they had a deal with New Japan. That's why he was Super Vader in UWFi and just Vader in WWF. Don't know about it now though. <{POST_SNAPBACK}> There was a legal dispute of some kind between WCW and New Japan over Vader working in UWF-I, hence Vader using Super Vader in UWF-I. It was decided by a court that because Vader was part of Darth Vader's name in the Star Wars films, New Japan couldn't stop WCW using that part of his name, which is why the Vader's name was shortened to that after he started working in UWF-I. Given that, I don't think WWE can stop the guy using the Vader part of the name.
Ace309 Posted September 10, 2005 Report Posted September 10, 2005 Seriously, the WWE is becoming more dickish everyday. Sorry, but there's a profit to be had.
AndrewTS Posted September 10, 2005 Report Posted September 10, 2005 I wonder what Vader himself thinks of the situation...if they're demanding that the site be transferred to "Leon White" he must know about it. So I think he probably is partially responsible, right? If WWe actually puts up a vader site, it will probably be something like wwevader dot com, and any Vader-related urls they scoop up will just end up linking to that site. I hope George Lucas sues WWe over this somehow.
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