In an ongoing legal battle, a judge has ruled against AEW’s motion to dismiss a lawsuit filed by Composite Effects regarding the mask design used by AEW star Luchasaurus. The lawsuit, filed in December 2022, alleges that AEW and Luchasaurus have been using a copyrighted mask design for merchandising purposes without permission from the designer.

AEW had moved to dismiss five out of the six counts raised by Composite Effects in March 2023. However, the judge’s ruling on May 16 denied AEW’s motion to dismiss, allowing Composite Effects’ allegations of copyright violation, LUPTA (Lanham Act), and breach of contract to proceed.

The judge’s dismissal statement, as shared by Brandon Thurston of Wrestlenomics, highlights the visual similarity between the copyrighted “Viper Silicone Mask” by Composite Effects and the modified version used by AEW.

The court determined that the question of substantial similarity should be left to the factfinder, and the evident visual similarity between the works indicates that a reasonable jury could find that AEW has violated Composite Effects’ copyright.

Advertising
Advertising

“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.

The key issue at stake is whether the copyrighted mask and AEW’s modified version are substantially similar. The judge’s ruling indicates that they are not dissimilar enough to warrant dismissal at this stage of the lawsuit.

As the legal proceedings continue, further updates on the case will be provided when available.

What are your thoughts on the judge’s ruling against AEW’s motion to dismiss the lawsuit filed by Composite Effects regarding the mask design used by Luchasaurus? Leave a comment below.

Steve Carrier

Steve is the Founder of RingsideNews. He has been writing about professional wrestling since 1996. He first got into website development at the time and has been focusing on bringing his readers the best professional wrestling news at it's highest quality.

Disqus Comments Loading...