the decision in the @TheJimCornette v. @StaySickGRAVER trademark & right of publicity lawsuit came out last month and it is a treat. big thanks to @ericgoldman for sending it my way. here's one of the shirts at issue (thread): 
g-raver is a deathmatch wrestler; he wrestles others w/ "improvised weapons, e.g. light tubes, barbed wire, thumbtacks, panes of glass, & weed whackers...graver’s signature weapons are tattoo needles."
he did not bring any of those items to court to defend this suit afaik tho.
he did not bring any of those items to court to defend this suit afaik tho.
cornette is a wrestling commentator w/ 2 popular podcasts. the court calls him a "celebrity" w/ a "professional persona."
cases about the wrestling world are always fascinating b/c the parties are not exactly people but not purely fictional characters (see hulk hogan).
cases about the wrestling world are always fascinating b/c the parties are not exactly people but not purely fictional characters (see hulk hogan).
cornette often comments on wrestlers doing stupid things. g-raver, being a deathmatch wrestler, does stupid things. in one match he lacerated his arm & could've died; cornette tweeted “if fans were lucky...everyone could watch [g-raver] bleed out.” twitter altercation followed.
after the initial dispute, "cornette dubbed graver 'grover'—a reference to the sesame street character—created a thumbnail of graver as grover for his podcast videos, & used the thumbnail for an animated game of whack-a-mole."
are you not entertained?
are you not entertained?
g-raver decides to create a "parody shirt" featuring cornette. he suggests tattoo needles (his signature weapon) stuck in cornette’s head; Xs over cornette’s eyes; & duct tape over cornette’s mouth "to muzzle cornette’s vocal criticism of deathmatch wrestling." the shirts sell.
there's a 2nd shirt, called "clownette." a g-raver compatriot also registered the domain name fuckjimcornette.com & another filed an application to register FUCK JIM CORNETTE as a trademark for clothing.
meanwhile cornette started selling a copy of the shirt itself, on the theory that if anyone were going to benefit from his name image & likeness, it should be him. 32 other websites also sold knockoffs or other versions.
cornette sues g-raver & some other players for federal trademark infringement, dilution, & cybersquatting, & violation of his right of publicity under pennsylvania law.
he does not succeed.
he does not succeed.
the court says the t-shirts aren't commerce but speech: "g-raver sold the shirts...to critique cornette’s views on deathmatch wrestling through parody; 1a protects this expression...b/c parodies are a valuable means of expression to weaken the ideas the celebrity espouses."
on top of that, the shirts don't create a likelihood of confusion. & cornette's name may possess the distinctiveness that would make it a trademark. it's certainly not a famous one capable of dilution. even if it were a mark, defendants' uses aren't similar.
the right of publicity claim also fails. there are exceptions to the PA statute's coverage, "even when the use is facially for a commercial or advertising purpose; the relevant exception here is...the shirts are expressive works & the use is through a communications medium."
the court holds the shirts to be works "invented by g-raver's imagination"; they are transformative.
one last point: i cannot figure out why the opinion says "TUCK jim cornette" in 3 places. as far as i can tell, the shirts use the actual f-bomb, as does the opinion elsewhere. hmu if you can help me solve this riddle. #thankyoufyoubye
