Scott Lesh
An update has been provided over the December 2022 lawsuit between Composite Effects and both AEW and Luchasaurus.
The lawsuit stems from Composite Effects LLC’s (aka CFX) complaint that was dated December 20, 2022 against All Elite Wrestling and Austin Matelson (AEW’s Luchasaurus).
The lawsuit, filed in the United States District Court Eastern District of Louisiana, claims that AEW and Matelson are using a copyrighted mask design for merchandising purposes without the permission of the designer.
Brandon Thurston of WrestleNomics has provided an update, stating:
“AEW moved today to dismiss 5 of the 6 counts raised by Composite Effects.
“AEW says it will answer the remaining count after a decision is made on this motion.”
He would go on to report that:
“AEW argues those counts either fail to make a viable claim or are preempted by the Copyright Act.”
AEW’s legal representation has listed their objection to the five counts as:
CFX Fails to State a Claim for Unfair Competition Under the Lanham Act (Count II of the Complaint)
CFX Fails to State a Claim under the Louisiana Unfair Trade Practices Act (Count II of the Complaint) and/or Such Claim Is Preempted by the Copyright Act
CFX’s Conversion Claim (Count IV of the Complaint)Is Preempted by the Copyright Act
CFX’s Unjust Enrichment Claim (Count V of the Complaint) Is Preempted by the Copyright Act
CFX’s Claim for Liability for Acts Causing Damages (Count VI of the Complaint) Is Preempted by the Copyright Act
For a deeper explanation of each of these, the motion to dismiss can be read here.
Per the previous story, Composite Effects is seeking profits from AEW that have been made in relation to the alleged infringement, other damages sustained as a result from such and attorneys’ fee.
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