AEW Files New Motion to Dismiss Plagiarism Lawsuit Filed Against It & WWE

AEW has filed a new motion to dismiss the plagiarism lawsuit filed against it and WWE. As previously reported, Anthony Duane Wilson refiled his lawsuit against WWE and AEW in January alleging they committed “plagiarism, market damages, product damages, personal damages and financial damages.” The lawsuit had previously been dismissed in November 2023 after neither AEW nor WWE had been served with the suit within 90 days, though it was dismissed without prejudice which meant that it could be refiled.

PWInsider reports that AEW filed a response to the lawsuit arquing that the lawsuit should be dismissed despite the fact that Wilson is trying to have it paused while he’s incarcerated and facing sentencing on charges. The company’s response reads:

The “Response Letter” filed by Plaintiff, Anthony Duane Wilson (“Wilson”) on July 19, 2024 does not respond to any argument made by Defendant All Elite Wrestling, Inc. (“AEW”) in its Motion to Dimiss Accordingly, for the reasons stated in AEW’s Motion, Wilson’s Amended Complaint should be dismissed.

Wilson spends most of his short response arguing things irrelevant to AEW’s Motion— e.g., rearguing the motion to stay already denied by this Court, rebutting the jurisdictional arguments of Defendant World Wrestling Entertainment (“WWE”), alluding to other lawsuits involving WWE, and lamenting his lack of legal representation. His Response Letter makes minimal reference to any argument raised by AEW in favor of dismissal, and even those minimal references fall woefully short.

Specifically, the only passing reference to any of the bases for dismissal set forth in AEW’s Motion is Wilson’s argument that he could “expedite some registrations,” presumably referring to his copyright claims. But the time for registrations is too late. Registration is a prerequisite to an action for copyright infringement, and Wilson’s response makes clear that he has no copyright registration, such that his copyright claim must be dismissed. 17 U.S.C.A. § 411(a); Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC, 139 S. Ct. 881, 885 (2019) (“Registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright.”); Andersen v. Thompson, No. 1:22-CV-00627, 2023 WL 5279497, at *2 (N.D. Ohio July 14, 2023), report and recommendation adopted, No. 1:22 CV 627, 2023 WL 5278818 (N.D. Ohio Aug. 16, 2023) (citing Reed Elsevier, Inc. v. Muchnick, 559 U.S. 154, 157-158, 130 S.Ct. 1237, 176 L.Ed.2d 18 (2010)).

Wilson makes no reference or response to AEW’s arguments establishing that dismissal is proper on his remaining potential claims. Wilson has identified no trademark to support a claim for trademark infringement, no trade secrets or facts support alleged misappropriation of trade secrets, and no protected computer, unauthorized access, or damage to support a claim under the Computer Fraud and Abuse Act. (See AEW’s Motion to Dismiss, ECF No. 19, at 7-10.) And Wilson fails to rebut the legal reality that his remaining claims do not provide a provide cause of action.

For the reasons set forth in its Motion, which are wholly unrebutted by Wilson, AEW respectfully request that the Court dismiss the Amended Complaint against AEW in its entirety, with prejudice.