Gilbert v. WWE/ESPN (COMPLAINT FOR MONETARY DAMAGES)

EXHIBIT A

Case 1:15-cv-01086-egb Document 1-1 Filed 04/15/15 Page 1 of 7 PageID 17

IN THE CHANCERY COURT OF HENDERSON COUNTY, TENNESSEE FOR THE TWENTY-SIXTH JUDICIAL DISTRICT

DOUG GILBERT and TOMMY GILBERT, as parent and next of kin to EDDIE GILBERT,

Plaintiffs,

v. No.

WORLD WRESTLING ENTERTAINMENT, INC., Division ESPN INC., and ESPN CLASSIC, INC., Filed

TIME: A.M. / P.M.

Defendants. MAR 11 2015 HENDERSON COUNTY

COMPLAINT FOR MONETARY DAMAGES CHANCERY COURT

Plaintiff Doug Gilbert and Plaintiff Tommy Gilbert, as parent and next of kin to Eddie

Gilbert, file this complaint seeking monetary damages against Defendant World Wrestling

Entertainment, Inc. ("WWE") as well as Defendants ESPN, Inc., and ESPN Classic, Inc.

(collectively, "ESPN") based on invasion of privacy and the misappropriation of Doug Gilbert's

and Eddie Gilbert's names and likenesses, and state in support as follows:

I. Introduction

1. This lawsuit concerns professional wrestlers Doug Gilbert's and Eddie Gilbert's

claims for invasion of privacy against WWE and ESPN based on Defendants' impermissible and

unlicensed use of the Gilberts' names and images. Doug Gilbert and the deceased Eddie Gilbert

have been well known professional wrestlers. 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.

II. Parties

2 . Plaintiff Doug Gilbert is a Tennessee citizen residing in Henderson County,

Tennessee.

3 . Plaintiff Tommy Gilbert is the father and next of kin of Eddie Gilbert and is a

Tennessee citizen. The Estate is being or will be administered in Tennessee.

Defendant World Wrestling Entertainment, Inc. ("WWE") is a Delaware

corporation. WWE's registered agent for service of process is The Corporation Trust Company,

Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801.

Defendant ESPN, Inc. is a Delaware corporation. ESPN, Inc.'s registered agent is

Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

Defendant ESPN Classic, Inc. is a Delaware corporation. ESPN Classic, Inc.'s

registered agent is 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.

III. Jurisdiction and Venue

This Court has jurisdiction and is a proper venue under Tennessee Code

Annotated §§ 16-11-101 et seq. and 20-4-101 et seq., respectively.

IV. Background

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8 . Doug Gilbert and Eddie Gilbert are well known professional wrestlers who come

from a family of wrestlers.

9 . Their father, Tommy Gilbert, was a well-known professional wrestler and referee

with the Continental Wrestling Association and the United States Wrestling Association.

10. Eddie Gilbert built on the family wrestling history and began wrestling

professionally in or around 1979.

1 1 . Eddie Gilbert performed under his own name as well as other personas in events

for different wrestling associations, including, but not limited to, World Wide Wrestling

Federation ("WWF"), Mid-Southern Wrestling, Universal Wrestling Federation, Continental

Wrestling Federation, World Championship Wrestling ("WCW") f/k/a Jim Crockett Promotions,

the United States Wrestling Association, the Global Wrestling Federation, and Philadelphia's Tri-

State Wrestling Alliance, Championship Wrestling Association ("CWA"), National Wrestling

Alliance, and Extreme Championship Wrestling ("ECW") f/k/a Eastern Championship

Wrestling.

12 . Doug Gilbert has been a professional wrestler since approximately 1986.

13 . He has performed under his own name as well as under different personas that he

created, including, but not limited to, The Dark Patriot and Nightmare Freddy, for different

wrestling associations, including, but not limited to, United States Wrestling Association

("USWA"), World Wide Wrestling Federation ("WWF"), Mid-South Wrestling, United Wrestling

Federation, World Championship Wrestling ("WCW"), Global Wrestling Association,

Championship Wrestling Association, National Wrestling Alliance, Extreme Championship

Wrestling ("ECW") f/k/a Eastern Championship Wrestling.

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14. Neither Doug Gilbert nor Eddie Gilbert signed any agreement or contract giving

the Defendants or any wrestling association permission or the right to use the Gilberts' names or

likenesses.

15 . Upon information and belief, WWE has been airing on television, the internet,

and other media recordings of Doug Gilbert's and/or Eddie Gilbert's past wrestling matches for

which neither the WWE nor the wrestling associations ever obtained permission or the right to

use the Gilberts' names or likenesses.

1 6 . Additionally, the WWE has included the Gilberts' names and likenesses in other

media, including, but not limited to editions of the WWE Encyclopedia.

Similarly, ESPN has been airing on television, the internet, and other media

footage of Doug Gilbert's and/or Eddie Gilbert's past wrestling matches for which neither ESPN

nor the wrestling associations ever obtained permission or the right to use the Gilberts' names or

likenesses.

Upon information and belief, Defendants have obtained significant profits from

the use of the Gilberts' names and likenesses.

The Gilberts have received no compensation for Defendants use of the Gilberts'

names and likenesses.

V . Count I — Right of Privacy/Publicity

2 0 . Plaintiffs incorporate all allegations from other sections as if fully set forth herein.

2 1 . Doug Gilbert has the sole and exclusive right to the use of his own personal name

and likeness.

22. The Estate of Eddie Gilbert has the sole and exclusive right to the use of the Eddie

Gilbert's name and likeness.

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23. The Gilberts have the sole and exclusive right to control the commercial

exploitation of their names, images, and likenesses.

2 4 Defendants have violated the Gilberts' rights of privacy and/or, publicity by using

their names and likenesses without permission or any license in order to obtain profits.

25. The Gilberts are entitled to compensation for violation of their rights of

publicity/privacy.

WHEREFORE, PREMISES CONSIDERED, Doug Gilbert and Tommy Gilbert, as

personal representative of the Estate of Eddie Gilbert, respectfully pray for the following relief:

That this Court enter a judgment in favor of Plaintiffs against Defendants in the

amount to which Plaintiffs are entitled as determined by a jury;

That the Court award pre- and post judgment interest;

3 . That the Court award Plaintiffs their reasonable attorneys' fees and costs;

4 . That the Court award punitive damages in amount not to exceed constitutional

limitations; and

5 . For such other, further relief, both general and specific, to which Plaintiffs may be

entitled.

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Respectfully submitted,

1101"

ssee 38351

782 (facsimile) [email protected]

William B. Ryan (TN 20269) Donati Law Firm 1545 Union Avenue Memphis, Tennessee 38104 901-278-1004 901-278-3111 (facsimile) [email protected]

Malcolm B. Futhey III (TN 024432) Futhey Law Firm PLC 1440 Poplar Avenue Memphis, Tennessee 38104 901-725-7525 901-726-3506 (facsimile) [email protected]

Counsel for Plaintiffs

ert Stevie Beal (TN 007 Beal Law Office 22 Monroe Avenue Lexington, Te 731-968-90 731-96 beall

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Gilbert v. WWE/ESPN (COMPLAINT FOR MONETARY DAMAGES)