S
Seth_Willson
Guest
What is the name of your state? Michigan
There have been reports of World Wrestling Entertainment (WWE) closing down what are called "E-feds" These are websites with users playing out wrestling shows on forums and written matches. I myself run one of these sites and although I am pretty sure all my uses, and my users use of the images, characters, and anything else from the WWE falls under "Fair use" I was looking for advice on this subject. We gain no income from this at all, it is purely a hobby, and we do not pretend to own the WWE characters that are being used. It's like a live written "Fan Fiction", which last time I checked is not illegal, and though we do use images of WWE wrestlers, we have a disclaimer that we are not associated with the WWE and all images of their wrestlers are their property.
I was wondering the validity of the WWE's ability to force a site to shut down, and stop using their images and characters. Also below the information being passed around about this subject.
-------------------------------------------------------
Since WWE are utilizing their right to copywritten and trademarked content, I figured I'd give you a heads up, since your e-fed database promotes real wrestler feds, there's a chance you could get in trouble. Do what you want with this info. But someone could easily spread the word about roughkut and WWE would have a field day with you and your database. I saw this posted on a message board so I though I'd share it with you.
===============================
"an e-federation named WWFX was just closed by WWE for using its wrestler names, images and logos and content.
Many fedders have joined together and signed a petition that has been up only 4 hours as of 3AM eastern time on July 1st 2004. We are just past 150 and on the verge of 200.
To read more please go to the following link...
www.stopthewwe.cjb.net
...And read the banner, it explains little, then under the banner please click sign the petition, that is where you get a big bit of the story, if you agree with the cause of the petition, please sign and help us fight WWE and them closing down E-Federations.
We have also scheduled a meeting with WWE Headquarters Friday. One of our signers who lives 2(two) blocks away from WWE Headquarters in Conneticut have agreed to attend it.
Please sign the petition, and thank you for your time."
This is the legal notice that's sent out by the WWE
Re: Unauthorized Use of World Wrestling Entertainment, Inc. Intellectual Property: WWE Images and trademarks
Our File: WWEUSAINF114
Dear Mr. Norton:
World Wrestling Entertainment, Inc. (“WWE”) is the exclusive owner of numerous trademarks, service marks, and copyrights, including, but not limited to, the RAW and SMACKDOWN trademarks, as well as numerous images of its talent. WWE as the premier provider of wrestling entertainment services, has through extensive use and promotion of its intellectual property, established substantial and valuable good will in its intellectual property. As such, WWE vigilantly protects its intellectual property rights and does not tolerate any infringement of the same.
We have recently acquired evidence that you are infringing our trademarks specifically by using numerous WWE trademarks and images as part of a wresting fantasy game that appears on your www.wwf-xperience.com website. Your use of WWE’s intellectual property constitutes actionable trademark infringement, and dilution in violation of federal trademark and criminal law (15 U.S.C. §§ 1114, 1117 and 1125) and unfair competition law. In addition, WWE as trademark holder can institute a civil action for trademark infringement, trademark dilution and unfair competition seeking permanent injunctive relief and an award of treble damages, counsel fees and costs (15 U.S.C. §§1116 and 1117).
Moreover, your use of WWE’s copyrighted images constitutes actionable copyright infringement (17 U.S.C. §501). Under U.S. Copyright law, we may be able to obtain actual damages plus any additional profits you made on the infringing products, or statutory damages of up to $150,000 per work infringed, counsel fees and costs (17 U.S.C. §504, 505). In addition, under U.S. Federal Criminal law, you may face criminal sanctions, including imprisonment and fines (18 U.S.C. §2319).
In the interest of resolving this matter amicably, we demand that you:
1. immediately and permanently stop using all WWE trademarks and images on your www.wwf-xperience.com website or as part of your fantasy wrestling game, or any other mark or logo that may be confusingly similar to any of our trademarks, or any WWE copyrighted images, now or in the future;
2. agree to pay WWE damages for your infringing use of its trademarks and copyrighted images;
3. confirm in writing that you have complied with all of WWE’s demands by signing and returning a copy of the Acknowledgement included below.
The demands made herein are not made to the exclusion of other remedies to which WWE is entitled and WWE specifically reserves the right to seek all remedies available to it under federal and state law as a result of your infringing activities. In addition, by signing this document in the space provided below, and agreeing to cooperate as set forth herein, you represent that you are authorized to act on behalf of Adam Norton, the registrant of the www.wwf-xperience.com website.
If we do not hear from you by July 7, 2004 we shall be forced to take further legal action.
Sincerely,
Stacy L. DelPriore
Associate Counsel
- - - - - - - - - - - - - - - -
ACKNOWLEDGMENT OF WORLD WRESTLING ENTERTAINMENT, INC.’S RIGHTS
I, _______________________, individually and on behalf of the owner of www.wwf-xperience.com, hereby state that I will fully discontinue infringing use of
World Wrestling Entertainment, Inc.’s trademarks and service marks, copyrighted works and trade dress, and will not make such infringing use in the future. I will immediately comply with the demands set forth above. I further agree that this acknowledgment shall be binding upon my respective controlled subsidiaries, affiliates, successors, and assigns. ___________________________________
Name:
___________________________________
Title:
Date: _______________________
Stacy DelPriore, Esq.
Associate Counsel
Legal Affairs Department
World Wrestling Entertainment, Inc.
1241 East Main Street
Stamford, CT. 06902
(203)353-5073
(203)353-0236 (Fax)
There have been reports of World Wrestling Entertainment (WWE) closing down what are called "E-feds" These are websites with users playing out wrestling shows on forums and written matches. I myself run one of these sites and although I am pretty sure all my uses, and my users use of the images, characters, and anything else from the WWE falls under "Fair use" I was looking for advice on this subject. We gain no income from this at all, it is purely a hobby, and we do not pretend to own the WWE characters that are being used. It's like a live written "Fan Fiction", which last time I checked is not illegal, and though we do use images of WWE wrestlers, we have a disclaimer that we are not associated with the WWE and all images of their wrestlers are their property.
I was wondering the validity of the WWE's ability to force a site to shut down, and stop using their images and characters. Also below the information being passed around about this subject.
-------------------------------------------------------
Since WWE are utilizing their right to copywritten and trademarked content, I figured I'd give you a heads up, since your e-fed database promotes real wrestler feds, there's a chance you could get in trouble. Do what you want with this info. But someone could easily spread the word about roughkut and WWE would have a field day with you and your database. I saw this posted on a message board so I though I'd share it with you.
===============================
"an e-federation named WWFX was just closed by WWE for using its wrestler names, images and logos and content.
Many fedders have joined together and signed a petition that has been up only 4 hours as of 3AM eastern time on July 1st 2004. We are just past 150 and on the verge of 200.
To read more please go to the following link...
www.stopthewwe.cjb.net
...And read the banner, it explains little, then under the banner please click sign the petition, that is where you get a big bit of the story, if you agree with the cause of the petition, please sign and help us fight WWE and them closing down E-Federations.
We have also scheduled a meeting with WWE Headquarters Friday. One of our signers who lives 2(two) blocks away from WWE Headquarters in Conneticut have agreed to attend it.
Please sign the petition, and thank you for your time."
This is the legal notice that's sent out by the WWE
Re: Unauthorized Use of World Wrestling Entertainment, Inc. Intellectual Property: WWE Images and trademarks
Our File: WWEUSAINF114
Dear Mr. Norton:
World Wrestling Entertainment, Inc. (“WWE”) is the exclusive owner of numerous trademarks, service marks, and copyrights, including, but not limited to, the RAW and SMACKDOWN trademarks, as well as numerous images of its talent. WWE as the premier provider of wrestling entertainment services, has through extensive use and promotion of its intellectual property, established substantial and valuable good will in its intellectual property. As such, WWE vigilantly protects its intellectual property rights and does not tolerate any infringement of the same.
We have recently acquired evidence that you are infringing our trademarks specifically by using numerous WWE trademarks and images as part of a wresting fantasy game that appears on your www.wwf-xperience.com website. Your use of WWE’s intellectual property constitutes actionable trademark infringement, and dilution in violation of federal trademark and criminal law (15 U.S.C. §§ 1114, 1117 and 1125) and unfair competition law. In addition, WWE as trademark holder can institute a civil action for trademark infringement, trademark dilution and unfair competition seeking permanent injunctive relief and an award of treble damages, counsel fees and costs (15 U.S.C. §§1116 and 1117).
Moreover, your use of WWE’s copyrighted images constitutes actionable copyright infringement (17 U.S.C. §501). Under U.S. Copyright law, we may be able to obtain actual damages plus any additional profits you made on the infringing products, or statutory damages of up to $150,000 per work infringed, counsel fees and costs (17 U.S.C. §504, 505). In addition, under U.S. Federal Criminal law, you may face criminal sanctions, including imprisonment and fines (18 U.S.C. §2319).
In the interest of resolving this matter amicably, we demand that you:
1. immediately and permanently stop using all WWE trademarks and images on your www.wwf-xperience.com website or as part of your fantasy wrestling game, or any other mark or logo that may be confusingly similar to any of our trademarks, or any WWE copyrighted images, now or in the future;
2. agree to pay WWE damages for your infringing use of its trademarks and copyrighted images;
3. confirm in writing that you have complied with all of WWE’s demands by signing and returning a copy of the Acknowledgement included below.
The demands made herein are not made to the exclusion of other remedies to which WWE is entitled and WWE specifically reserves the right to seek all remedies available to it under federal and state law as a result of your infringing activities. In addition, by signing this document in the space provided below, and agreeing to cooperate as set forth herein, you represent that you are authorized to act on behalf of Adam Norton, the registrant of the www.wwf-xperience.com website.
If we do not hear from you by July 7, 2004 we shall be forced to take further legal action.
Sincerely,
Stacy L. DelPriore
Associate Counsel
- - - - - - - - - - - - - - - -
ACKNOWLEDGMENT OF WORLD WRESTLING ENTERTAINMENT, INC.’S RIGHTS
I, _______________________, individually and on behalf of the owner of www.wwf-xperience.com, hereby state that I will fully discontinue infringing use of
World Wrestling Entertainment, Inc.’s trademarks and service marks, copyrighted works and trade dress, and will not make such infringing use in the future. I will immediately comply with the demands set forth above. I further agree that this acknowledgment shall be binding upon my respective controlled subsidiaries, affiliates, successors, and assigns. ___________________________________
Name:
___________________________________
Title:
Date: _______________________
Stacy DelPriore, Esq.
Associate Counsel
Legal Affairs Department
World Wrestling Entertainment, Inc.
1241 East Main Street
Stamford, CT. 06902
(203)353-5073
(203)353-0236 (Fax)