Source: Pwinsider.com
WWE has filed a motion asking that the lawsuit against them and several other defendants by James Papas be dismissed. As previously reported, the suit filed by Papas claimed that his original copyrighted songs were re-registered to WWE with Jim Johnston and Michael Hayes listed as the writers of the songs, which cost him revenue and credit. He is also claiming that WWE used “Badstreet USA” without permission on the Triumph and Tragedy of World Class Championship Wrestling DVD set as well as matches on WWE Classics on Demand.
WWE and the other defendants in the suit are arguing in the motion to dismiss that Papas failed to establish that Texas, where the suit was filed, has legal jurisdiction. The filing also claims that the suit is “completely devoid of any factual allegation” that WWE had purposely done anything to harm Papas in Texas. And notes that neither Hayes nor Johnston have been given notice of the suit, meaning that prosecution against them would not be appropriate.
The filing further claims that the lawsuit filing doesn’t show any specific acts of infringement against him. It argues that there is no contract involving him that could have been interfered with, invalidating a claim of tortuous interference. The lawsuit also claims conspiracy on the defendants’ part, which WWE argues is not possible as a company cannot “conspire with itself.”
If the lawsuit cannot be dismissed, WWE wants the claims moved to the District Court in Connecticut.
