WWE won’t be heading to trial over The Bloodline’s famous raised-finger pose after all. The lawsuit accusing WWE and 2K of copying an independent wrestling faction’s presentation has been dismissed with prejudice, killing the case before the planned settlement conference or December trial could ever happen. Pasted markdown
Independent promoter Nathaniel Tatha-Nanandji had accused WWE of lifting a recurring visual sequence he created for his WCWA faction Tier 1. His argument was never that he owned the simple act of raising one finger — he claimed the full setup, including the group formation, pause, leader’s cue, staggered finger raises and final camera-facing pose, was protected material. Pasted markdown
The court wasn’t buying it. District Judge David Clay Fowkes found that while copyrights existed for Tatha-Nanandji’s work, the complaint did not establish copying of original protected elements. The court also found that WWE and the other defendants lacked access to the copyrighted material. Pasted markdown
The judge went even further when comparing the actual footage. According to the ruling, the Tier 1 sequence itself wasn’t even presented consistently enough across the plaintiff’s exhibits to establish the kind of similarity needed to keep the copyright claim alive.
“The Court notes that the Tier 1 Sequence does not appear to be consistent across the Plaintiff’s exhibits as alleged in the Complaint. Defendants’ alleged infringing material is consistent in each iteration of the exhibits provided, and the Court finds that a reasonable person, reviewing the materials together, would only see the similarities amongst the Defendants’ clips but not the Plaintiff’s clips.” Pasted markdown
That was a huge problem for the lawsuit because Tatha-Nanandji needed to show both access and substantial similarity. The court said he failed on both fronts.
“The Court finds that the Plaintiff has failed to meet the requirements of access and substantial similarity as required for copyright infringement. As such, Plaintiff has failed to state a claim for direct copyright infringement.” Pasted markdown
The access argument also fell apart. Tatha-Nanandji had claimed that an unnamed wrestler who worked for WCWA later appeared on WWE SmackDown and requested footage for scouting purposes, while an unnamed WWE employee allegedly attended a WCWA event and stayed in contact with him. Pasted markdown
The court said that still wasn’t enough. According to the ruling, there was no proof anyone at WWE actually saw the material containing the Tier 1 sequence, and the judge said the plaintiff was asking the court to make an unsupported jump based on speculation. Pasted markdown
WWE had been arguing from the start that the case was trying to turn a basic wrestling celebration into something one promoter could control. The company said once all the legal jargon was stripped away, the claim came down to wrestlers raising one arm and pointing a finger in the air.
“The ‘number 1’ gesture and raising an award or prize are universal symbols used throughout the world to tout one’s accomplishments. If Plaintiff is permitted to monopolize such commonplace gestures and poses, it would put at risk athletes, sports fans and any other group of people who raise their fingers or awards in victory.” Pasted markdown
WWE also argued that the two sequences were nowhere near similar enough in their actual execution, pointing to differences in timing, group positioning, camera angles and lighting.
“No court has ever permitted a copyright infringement claim to proceed without substantial similarity of protectable expression, which is completely lacking here.” Pasted markdown
And now the judge has agreed. That means the October settlement conference is no longer the next big date in this fight, and there won’t be a December jury showdown over whether The Bloodline’s pose crossed the line. The lawsuit is finished at the trial-court level, and WWE can keep raising those fingers without this particular case hanging over its head.
What do you think about the judge throwing out the lawsuit over The Bloodline’s raised-finger sequence? Drop your thoughts in the comments and let us know what you think.
