Judge Denies AEW’s Motion To Dismiss Lawsuit Over Star’s Attire

AEW

A judge has denied AEW’s motion to dismiss a lawsuit over one of the promotion’s star’s attire.

In December 2022, Composite Effects filed a lawsuit against both AEW and Austin Matelson (Luchasaurus) over the mask design the star used on the company’s programming.

On March 21 2023, AEW moved to dismiss five of the six counts raised by Composite Effects that argues AEW is “using a copyrighted mask design for merchandising purposes without the permission of the designer.”

Per Brandon Thurston of Wrestlenomics, the judge in the Luchasaurus mask lawsuit on May 16 ruled to deny the motion to dismiss.

Composite Effects’ allegations of violation of copyright, LUPTA, and breach of contract all survive.

Thurston provided quotes from the dismissal, which reads:

“Given that that ‘the question of substantial similarity typically should be left to the factfinder… and given the evident visual similarity of the works in question, the Court cannot find that no reasonable jury could find that Defendants have violated CFX’s copyright.”

Ultimately this comes down to whether CFX’s copyrighted “Viper Silicone Mask” is “substantially similar” enough to the modified version AEW is merchandising. The judge is unconvinced that they are dissimilar enough to dismiss.

We will have further updates on the lawsuit when they become available.

Here are full results from the May 10 episode of AEW Dynamite:

Claudio Castagnoli def. Rey Fenix

Miro returned and walked into Tony Khan’s office

An MJF video package mentioned CM Punk – the first time Punk has been mentioned on AEW TV since All Out

Mark Briscoe announced as the special guest referee for FTR vs Jay Lethal & Jeff Jarrett at Double Or Nothing

Thunder Rosa returned and, like Miro, walked into Tony Khan’s office

Tony Khan says he has a huge announcement next week

Orange Cassidy def. Daniel Garcia to retain the AEW International Championship

Julia Hart def. Anna Jay in a No Holds Barred match

House of Black def. Best Friends & Bandido to retain the AEW World Trios Championship

Jon Moxley def. Kenny Omega in a Steel Cage match after Don Callis turned on Omega and attacked him with a screwdriver

The judge in the Luchasaurus mask lawsuit today ruled to deny Austin Matelson (Luchasaurus) and AEW’s motion to dismiss. Composite Effects’ allegations of violation of copyright, LUPTA, and breach of contract all survive. pic.twitter.com/llh5th1ff4

— Brandon Thurston (@BrandonThurston) May 16, 2023

The judge's order: https://t.co/4VkzM0XPqZ

— Brandon Thurston (@BrandonThurston) May 16, 2023

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• luchasaurus
• mask
• lawsuit
• AEW

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