TNA Suing WWE

[Daniel]

http://nashvillecitypaper.com/conte...st-wwe-over-contract-trade-secrets-violations

The natural business rivalry between Nashville-based Total Nonstop Action Entertainment Inc. and World Wrestling Entertainment Inc. has spilled over to the courtroom.

TNA filed an injunction request Wednesday in Davidson County Chancery Court, claiming that a former TNA employee provided WWE with confidential information and trade secrets.

Just days after TNA learned about the breach, well-known TNA wrestler Ric Flair attempted to back out of his contract, according to the suit.

The filing claims that Brian Wittenstein, who worked for TNA as a live events and talents relations coordinator from 2008 until August 2011, took confidential wrestler contract information when he went to work for WWE earlier this year.

According to the suit, WWE is now using that information to poach wrestlers from TNA.

“This wrongful disclosure and misappropriation allows WWE to effectively price TNA out of the market and cause irreparable harm to TNA’s business and profitability,” the lawsuit reads. “WWE now knows the confidential details of TNA’s business affairs including its marketing and business strategy and analysis, which leaves TNA vulnerable to WWE’s unfair position in the market.”

A WWE official notified TNA on May 7 about Wittenstein’s breach, but the lawsuit claims WWE waited three weeks before telling TNA. WWE fired Wittenstein after they learned what he did, according to the lawsuit.

Two days later, Flair attempted to terminate his TNA contract. He also failed to show up for TNA events from May 10-15, including a pay-per-view show. TNA now believes that Flair may be headed for WWE, the timing of which, it claims, is “suspect.”

“In order to injure TNA and gain a competitive advantage, WWE intentionally interfered with TNA’s contractual relationship with Ric Flair and maliciously used the trade secrets and confidential information provided by Wittenstein to approach Ric Flair,” the lawsuit reads.

Jerry McDevitt, who has represented the WWE in legal cases for 25 years, said the lawsuit took them by surprise.

“Our reaction is that no good deed ever goes unpunished,” he said. “What the WWE did here is what you would hope any company would do in these circumstances it found itself in.”

Chancellor Ellen Hobbs Lyle signed a temporary restraining order Thursday, requiring WWE and Wittenstein return, and not destroy, the confidential information. WWE and Wittenstein must abide by the order until an injunction hearing set for June 11.

Overall, TNA is suing for interference with existing contracts (against WWE), breach of duty of loyalty (against Wittenstein), conversion, breach of contract, civil conspiracy, unfair competition and violation of the Tennessee Uniform Trade Secrets Act.

Oh my.

 

[Mr. Artistic guy]

Can of worms. Opened? This might get messy.

 

[The Dragon Saga]

David Otunga versus Joseph Park, book it.

 

[Mr. Artistic guy]

In court:

'Hi, umm, David is it? Hi, have you seen my brother. Y'know <gestures>, Abyss."

'Your honour, TNA's only on-screen lawyer has a serious split-personality disorder. The defendant rests"

 

[Turd Ferguson]

&#8220;In order to injure TNA and gain a competitive advantage, WWE intentionally interfered with TNA&#8217;s contractual relationship with Ric Flair and maliciously used the trade secrets and confidential information provided by Wittenstein to approach Ric Flair,&#8221; the lawsuit reads.

Yes, because those 1.0 ratings are really making Vince shake in his boots.

 

[Nate DaMac]

Yes, because those 1.0 ratings are really making Vince shake in his boots.

I don't think they're even hitting the 1s anymore.

 

[Remix]

WWE attorney Jerry McDevitt commented, "Our reaction is that no good deed ever goes unpunished. What the WWE did here is what you would hope any company would do in these circumstances it found itself in."

So, WWE is positioning themselves as being unfairly blamed after informing TNA that Brian Wittenstein was offering up "insider" TNA information.

Jerry McDevitt is a fucking evil genius. His client gets sued and he makes a legit case for them being the victims in all this

He's able to get a second party convicted for someone committing suicide. TNA, don't fuck with such a magnificent bastard. You're out of your league.

 

[shattered dreams]

If they did what hopefully any company would do under the circumstances, why did they just get ordered to do more?

 

[FunKay the Inevitable]

Perhaps it's just me, but is this TNA really saying that WWE has an unfair advantage because one of their ex-eployees who was under contract with WWE offered this to WWE?

 

[PlayTheGame]

I'm smelling another Invasion PPV to settle this lawsuit and draw money.

 

[Hollywood Naitch]

If a guy who knows the financial information of a company leaves and goes to work for a rival...why wouldn't he pass on the information? Of course you would.

Should have been done verbally though, no paper trail. Dumb fuck.

 

[Remix]

If they did what hopefully any company would do under the circumstances, why did they just get ordered to do more?

They didn't get ordered to do anything for them to give any orders TNA would have to beat WWE in court. To my knowledge, this has happened once in over 25 years. To the WWF who had some advantages that TNA don't, most notably that McDevitt couldn't legally do anything. TNA are probably going to lose here.

 

[Davi323]

Overall, TNA is suing for interference with existing contracts (against WWE), breach of duty of loyalty (against Wittenstein), conversion, breach of contract, civil conspiracy, unfair competition and violation of the Tennessee Uniform Trade Secrets Act.

What existing contracts? Whose contract has actually been tampered with?

Let's assume that Matt Morgan is being targeted by the WWE, even though he isn't specifically mentioned. Wrestlezone reported a few weeks ago that Matt Morgan's contracted dates ran out, which means his contract is over. Is it impossible to believe that knowing his contract was expiring, that Matt Morgan, a former WWE employee, might have contacted his former employer to gauge possible interest all on his own? According to TNA, this would be impossible. It had to be Brian Wittenstein's doing.

Ric Flair was in contact with the WWE since March. In fact, TNA even consented to that contact. Ric Flair is besties with Triple H, has a good relationship with Vince McMahon and others in the WWE, but, rather than inquire about possible WWE interest in bringing him back when he was there, when he was surrounded personally by all kinds of WWE officials and employees, somehow, Flair's dissatisfaction with TNA was never brought up until a few days after the WWE notified TNA that they fired Wittenstein for trying to give them information? The same information that they refused? C'mon.

Here is a lesson you can learn, TNA. It's called a confidentiality agreement. It means that when you bring in a new employee who will have access to sensitive information, you make them sign a document stating that they are barred from divulging any of that information for a specific period of time after they leave the company. Was there such a document on record? If you didn't have Brian Wittenstein sign a confidentiality agreement when you hired him, then after he is no longer with your company, there is nothing to prevent him from using that information. If he was giving the WWE that information while he was still an employee of TNA, they would certainly have a case. But without a confidentiality agreement, if he is no longer an employee of TNA, then he is no longer bound to keep anything a secret.

Then, what did the WWE do? When they found out he was attempting to shop this information to them, they promptly fired him. That kind of hurts TNA's assertion that the WWE was deliberately tampering, doesn't it?

There is nothing to see here until TNA can come with something that constitutes actual proof rather than mere speculation and suspicion.

 

[BaconBits]

It was nice knowing ya TNA.

 

[Big Nick Dudley]

We need the money, brother.

How we gonna get to New York City, the big time Jack, without any money, brother.

 

[Poop Master Flex]

Otunga will bury TNA in the courts with a hologram Johnny Cochran doing the Chewbacca defense.

It will probably be the most publicity TNA has ever gotten.

I think its a little ridiculous to sue WWE, I'm sure TNA is guilty for the exact same things. Also what would WWE want to do with Flair? Most he would get is a legends contract.

 

[Davi323]

If Chewbacca lives on Endor, you must acquit! The defense rests.

 

[shattered dreams]

They didn't get ordered to do anything for them to give any orders TNA would have to beat WWE in court.

Not true. According to that article there is an injunction that WWE must return, not destroy, the confidential information.

Here is a lesson you can learn, TNA. It's called a confidentiality agreement. It means that when you bring in a new employee who will have access to sensitive information, you make them sign a document stating that they are barred from divulging any of that information for a specific period of time after they leave the company. Was there such a document on record? If you didn't have Brian Wittenstein sign a confidentiality agreement when you hired him, then after he is no longer with your company, there is nothing to prevent him from using that information. If he was giving the WWE that information while he was still an employee of TNA, they would certainly have a case. But without a confidentiality agreement, if he is no longer an employee of TNA, then he is no longer bound to keep anything a secret.

The word confidential is appearing in that article a lot and they are suing the guy for breach of contract. Why would you think there isn't something like that involved here?

There is nothing to see here until TNA can come with something that constitutes actual proof rather than mere speculation and suspicion.

How do you know this to be true? It cracks me up when people act like they are legal experts when these type of things come up. How do you know simply keeping the information and not informing anyone isn't a violation of some kind? I don't know either way but when that seems plenty plausible I think some of the Vince ********ers are getting ahead of themselves. I doubt it would hold up in court but there is something fairly suspicious here. It likely depends on who the burden of proof lies on and I don't know who that would be. The amount of talent possibly going to WWE in this specific time frame is suspicious to me for a few reasons. First off, WWE is usually cutting talent this time of year not adding. Second off, WWE hasn't really added that many people from TNAover the years. To potentially add several in this time frame could be a coincidence but I am not sure I am buying it.

 

[FlexAmerican Dynamite]

it's interesting people are interested more in the suspension of Jericho then this.

 

[Davi323]

I doubt it would hold up in court but there is something fairly suspicious here.

Wait, so if you doubt that their case will hold up in court, then why are you defending what would amount to be a frivolous lawsuit?

It likely depends on who the burden of proof lies on and I don't know who that would be.

Obviously, the burden of proof falls on TNA, since they are the ones bringing action against the WWE. They have to prove the WWE is guilty, not the other way around.

The amount of talent possibly going to WWE in this specific time frame is suspicious to me for a few reasons. First off, WWE is usually cutting talent this time of year not adding.

The WWE is adding a 3rd hour to Raw beginning in July. 3 hours of Raw means more matches, means you need more wrestlers. It makes little sense for them to trim their roster while at the same time expanding their programming.

Second off, WWE hasn't really added that many people from TNAover the years. To potentially add several in this time frame could be a coincidence but I am not sure I am buying it.

Who has been added though? I don't recall seeing anything to indicate that Flair, Morgan or Shelley have actually even been approached by the WWE, let alone signed with them. All we know is what happens every time a wrestler leaves one company, that some internet site begins to speculate whether the other company is interested in them. Nothing ever comes from either the WWE or TNA. It's all just innuendo and rumor, that the WWE MIGHT use information that they fired an employee for attempting to share with them, not that they HAVE used any of it. Court cases are not won on woulda/coulda/shoulda arguments.

When TNA can provide some actual proof, then I will take their lawsuit seriously.

 

[shattered dreams]

Wait, so if you doubt that their case will hold up in court, then why are you defending what would amount to be a frivolous lawsuit?

Because I am not a lawyer and I am only referring to one specific part of the case, not the entire thing. The entire lawsuit is clearly anything but frivolous, as best I can tell they still don't have their confidential information back. If you are going to quote war then at least have the decency to include everything.

Obviously, the burden of proof falls on TNA, since they are the ones bringing action against the WWE. They have to prove the WWE is guilty, not the other way around.

Of what though? Do you know if not informing TNA of the breach is legal or not? I don't and TNA could prove that easily.

The WWE is adding a 3rd hour to Raw beginning in July. 3 hours of Raw means more matches, means you need more wrestlers. It makes little sense for them to trim their roster while at the same time expanding their programming.

Has the format been confirmed? They put on 3 hour Raws regularly in the past without any roster changes but this could be a possible defense. Still doesn't explain the second part of what I asked.

Who has been added though? I don't recall seeing anything to indicate that Flair, Morgan or Shelley have actually even been approached by the WWE, let alone signed with them. All we know is what happens every time a wrestler leaves one company, that some internet site begins to speculate whether the other company is interested in them. Nothing ever comes from either the WWE or TNA. It's all just innuendo and rumor, that the WWE MIGHT use information that they fired an employee for attempting to share with them, not that they HAVE used any of it. Court cases are not won on woulda/coulda/shoulda arguments.

What if some of the guys TNA recently extended came back and told them what WWE offered and the numbers heavily mimic WWE using the confidential information?

When TNA can provide some actual proof, then I will take their lawsuit seriously.

You keep saying this is frivolous while admitting you don't have any clue what the evidence will be. Ironic you have no problem flinging wild accusations at TNA but seem to have some great issue when you believe they have done it to WWE.

 

[Davi323]

Because I am not a lawyer and I am only referring to one specific part of the case, not the entire thing. The entire lawsuit is clearly anything but frivolous, as best I can tell they still don't have their confidential information back. If you are going to quote war then at least have the decency to include everything.

You mean like the part in my post where I asked who has been added as a result of this?

Has Ric Flair rejoined the WWE? Has Matt Morgan? Has Alex Shelley been signed? In fact, has the WWE signed ANY former TNA employee since the time that Wittenstein attempted to present them with the insider information that they fired him for?

You chide me for not including everything, and then proceed to omit the parts you couldn't answer. Curious.

Of what though? Do you know if not informing TNA of the breach is legal or not? I don't and TNA could prove that easily.

I have no problems with TNA going after Brian Wittenstein as an individual, IF he violated Tennessee laws while an employee of TNA. But by including the WWE in the lawsuit, TNA has to prove that not only does the information exist, but that the WWE knowingly used it. Good luck with that. And like I said before...when TNA can provide some actual evidence instead of just rumor and innuendo, I will take it a little more seriously. They haven't done that yet though, so as of right now, it appears to be nothing but desperate, baseless allegations. All I am saying is that TNA needs to put up, or shut up. TNA brought the suit, the American legal system requires the plaintiff to prove their case. That's how it works. Innocent until proven guilty, and all that. Not to mention the obvious...the WWE DID inform TNA. TNA even acknowledges it. Their complaint is that the WWE waited 3 weeks to inform them, not that they didn't inform them.

Has the format been confirmed? They put on 3 hour Raws regularly in the past without any roster changes but this could be a possible defense. Still doesn't explain the second part of what I asked.

Uh, yeah. 3 hour Raws start up on July 23. They even announced it on TV and everything.

What if some of the guys TNA recently extended came back and told them what WWE offered and the numbers heavily mimic WWE using the confidential information?

Let me know when this actually happens, rather than just you think it might possibly, potentially happen in the future. Again, not many lawyers win cases using the woulda/shoulda/coulda argument.

You keep saying this is frivolous while admitting you don't have any clue what the evidence will be. Ironic you have no problem flinging wild accusations at TNA but seem to have some great issue when you believe they have done it to WWE.

Huh? What issue is that? Do tell. Please show me where I accused TNA of stealing confidential information from the WWE. Are you referring to my bringing up Bruce Prichard in the non-spam version? I didn't say he stole anything, just that if anyone would have had the opportunity to, he would have, and then asked the question if the WWE should sue TNA for that too. At no point did I state that he ever did anything. Just another Shattered Dreams fantasy.

 

[shattered dreams]

You mean like the part in my post where I asked who has been added as a result of this?

I guess I made the mistake of you assuming you were smart enough to understand the point that someone didn't have to be added for the info to have been used. If I fail to rob a bank, that doesn't make my attempt legal. If I get arrested planning it, that doesn't mean I get off either.

I have no problems with TNA going after Brian Wittenstein as an individual, IF he violated Tennessee laws while an employee of TNA. But by including the WWE in the lawsuit, TNA has to prove that not only does the information exist, but that the WWE knowingly used it. Good luck with that. And like I said before...when TNA can provide some actual evidence instead of just rumor and innuendo, I will take it a little more seriously. They haven't done that yet though, so as of right now, it appears to be nothing but desperate, baseless allegations.

Could you elaborate as to why by this logic every case ever would not be desperate and baseless at this point?

All I am saying is that TNA needs to put up, or shut up.

Is that the legal term?

TNA brought the suit, the American legal system requires the plaintiff to prove their case. That's how it works. Innocent until proven guilty, and all that. Not to mention the obvious...the WWE DID inform TNA. TNA even acknowledges it. Their complaint is that the WWE waited 3 weeks to inform them, not that they didn't inform them.

It is almost like that complaint gives them a valid reason to be distrustful of WWEs supposedly genuine act ...

Uh, yeah. 3 hour Raws start up on July 23. They even announced it on TV and everything.

Format, as in how the show will broadcast. Are they for sure going to 3 hours of wrestling, opposed to using some or all of that first hour in some of the other rumored ways?

Huh? What issue is that? Do tell. Please show me where I accused TNA of stealing confidential information from the WWE. Are you referring to my bringing up Bruce Prichard in the non-spam version? I didn't say he stole anything, just that if anyone would have had the opportunity to, he would have, and then asked the question if the WWE should sue TNA for that too. At no point did I state that he ever did anything. Just another Shattered Dreams fantasy.

You keep calling the lawsuit baseless or frivolous or whatever based solely on the fact there hasn't been any evidence either way so far. This might just be an issue with you not understanding the meaning of the words you are using but the only thing that seems baseless to me is you idea that TNA could not conceivably have merit in this case. There is a humongous difference between baseless and frivolous compared to hard to prove. Many people get off because what they did was hard to prove, that in no way means the claims against them were baseless.

 

[Pay Per Ghost]

I'm smelling another Invasion PPV to settle this lawsuit and draw money.

Ye, don't post while on the can bud.