Owen Hart’s Widow To File Lawsuit Against WWE

Representatives of Martha Hart sent out the following this morning:

Widow of Deceased Professional Wrestler Owen Hart Files Lawsuit Against World Wrestling Entertainment, Vince McMahon & Linda McMahon

WWE continues to use Owen Hart’s Name and Image for Marketing more than 11 Years After he Was Killed in a WWE-sponsored Stunt; In Violation of Contract and Contrary to Family’s Wishes

HARTFORD, Conn., June 22 /PRNewswire/ — Martha Hart, the widow of the late Owen Hart, a professional wrestler who was killed in a May 1999 stunt orchestrated by World Wrestling Entertainment (WWE) today filed suit in the U.S. District Court here against WWE, Vince McMahon (current chairman and CEO) and Linda McMahon (CEO until 2009). The lawsuit alleges the WWE and the McMahons used Owen Hart’s name and likeness without right in dozens of commercial videos and other materials, violated a contract restricting the use of Owen Hart’s name, likeness and wrestling footage, and disregarded Martha Hart’s wishes against further association of her late husband’s name with WWE following his death. (Mrs. Hart and WWE settled a wrongful death lawsuit in 2000. Mrs. Hart established the Owen Hart Foundation later that year.)

“In the eleven years since Owen’s tragic and avoidable death, I have worked tirelessly to disassociate Owen’s name and likeness from anything related to WWE in order to protect our children from any reminder of the circumstances surrounding their father’s death, and to avoid any misplaced perception that I endorse WWE,” said Martha Hart in a statement.

“Unfortunately, even though WWE, Vince McMahon and Linda McMahon were and are well aware of my wishes and desire to shield my children from WWE and its activities, I was shocked to learn earlier this year that they have been using Owen’s name and likeness in videos, websites, television programs and print materials. Given this callous, insensitive and irresponsible behavior, one must question the moral character of Vince and Linda McMahon and the manner in which they conduct their business.”

According to the lawsuit filed today before the U.S. District Court in Hartford, “Since Owen’s death, the WWE and McMahons have sought every available opportunity to further exploit Owen’s personality for their own commercial benefit. Their use of Owen’s name and likeness draws attention to the WWE’s ongoing violent and highly questionable theatrical activities that caused Owen’s death. Defendants’ use of Owen’s name and likeness is also in direct disregard of Martha’s and her children’s objections…The WWE’s wrongful use of Owen’s name and likeness, over Martha’s continuing objection to any association with defendants and in the absence of any legal right of use, creates the wrongful impression that Martha and the Estate now support, approve or condone the video (which they do not).”

The lawsuit seeks to enjoin the WWE from further use of Owen Hart’s name and likeness, and seeks unpaid royalties as well as damages for breach of contract, copyright infringement, unjust enrichment, accounting and unfair and deceptive trade practices.

A copy of the complaint can be found here: http://www.marthahartsueswwe.com/

The lawsuit that Martha Hart filed against WWE is available by clicking here.

Quote :

HARTFORD, Conn. — The widow of a World Wrestling Entertainment performer who died in a 1999 stunt says she’s suing the Connecticut-based company and its leaders, including Republican U.S. Senate candidate Linda McMahon.

Martha Hart said McMahon, who stepped down as WWE chief executive to run for Senate, and her husband, Vince, the current chairman, have continued to use Owen Hart’s image to promote the business despite agreeing to stop after his death.

Hart is filing her lawsuit Tuesday in U.S. District Court in Hartford.

Owen Hart died when he fell 78 feet from a harness as it lowered him into a wrestling ring in Kansas City, Mo., on May 23, 1999. He was 34.

His family sued the WWE and several other defendants in the death. Martha Hart agreed to a $18 million settlement with the WWE in 2000.

In her new lawsuit, she alleges the WWE and the McMahons violated a contract that restricts the use of Owen Hart’s name, likeness and wrestling footage.

She said in a written statement Tuesday that she learned earlier this year that his image was appearing in WWE promotional materials.

“In the 11 years since Owen’s tragic and avoidable death, I have worked tirelessly to disassociate Owen’s name and likeness from anything related to WWE in order to protect our children from any reminder of the circumstances surrounding their father’s death, and to avoid any misplaced perception that I endorse WWE,” she said in a statement.

Representatives for the WWE and McMahon’s Senate campaign said they could not immediately comment but expected to release statements later Tuesday.

oh my god, you mean to tell me Owen's fans have to suffer from not reliving good memories of the man, whether it be on tv, on dvds etc. this egotistical bitch needs to get off her high horse. if she doesnt want her children being reminded of what happened....DONT LET THE KIDS WATCH THE FUCKING PROGRAMS!!!!!

UPDATED REPORT: WWE has made an official statement on Martha Hart's lawsuit. WWE's lead attorney Jerry McDevitt claims Martha Hart's lawsuit is the first time WWE has heard from her since both sides settled Owen Hart's wrongful death lawsuit in 2000. He stated that "WWE has the right to use its own copyrighted material."

Martha gave an interview with the Politico and said, "WWE certainly has no problem marketing, distributing products with [Owen Hart's] likeness on it which again, create a false association between me and the WWE, which does not exist. I have to scream it to the world: I have no association with these people."

She also claims to have sent the WWE a cease-and-desist desist" letter on March 25, 2010 before the Hart and Soul DVD set was released, which contradicts McDevitt's claim, and stated there is no political motivation behind her lawsuit or its timing.

ORIGINAL REPORT: Owen Hart's widow, Martha Hart, has filed a lawsuit against WWE today. She is suing WWE for continuing to use Owen Hart's name and likeness "despite agreeing to stop upon his death." WWE does not sell any Owen Hart merchandise, but his name was brought up during the Stu Hart Hall of Fame induction last year and Bret Hart has mentioned Owen on TV from time to time. WWE also used Owen's name on a display at the WrestleMania AXXESS event dedicated to the Hart Family and Owen was also featured in the Hart & Soul DVD release. Owen matches are also scheduled to be on the upcoming RAW 1993-1994 DVD.

According to the Associated Press, Linda McMahon is one of the defendants in the lawsuit. The full lawsuit can be read at http://www.marthahartsueswwe.com/ Here's the press release on the lawsuit... Widow of Deceased Professional Wrestler Owen Hart Files Lawsuit Against World Wrestling Entertainment, Vince McMahon & Linda McMahon WWE continues to use Owen Hart's Name and Image for Marketing more than 11 Years After he Was Killed in a WWE-sponsored Stunt; In Violation of Contract and Contrary to Family's Wishes HARTFORD, Conn., June 22 /PRNewswire/ -- Martha Hart, the widow of the late Owen Hart, a professional wrestler who was killed in a May 1999 stunt orchestrated by World Wrestling Entertainment (WWE) today filed suit in the U.S. District Court here against WWE, Vince McMahon (current chairman and CEO) and Linda McMahon (CEO until 2009). The lawsuit alleges the WWE and the McMahons used Owen Hart's name and likeness without right in dozens of commercial videos and other materials, violated a contract restricting the use of Owen Hart's name, likeness and wrestling footage, and disregarded Martha Hart's wishes against further association of her late husband's name with WWE following his death. (Mrs. Hart and WWE settled a wrongful death lawsuit in 2000. Mrs. Hart established the Owen Hart Foundation later that year.) "In the eleven years since Owen's tragic and avoidable death, I have worked tirelessly to disassociate Owen's name and likeness from anything related to WWE in order to protect our children from any reminder of the circumstances surrounding their father's death, and to avoid any misplaced perception that I endorse WWE," said Martha Hart in a statement. "Unfortunately, even though WWE, Vince McMahon and Linda McMahon were and are well aware of my wishes and desire to shield my children from WWE and its activities, I was shocked to learn earlier this year that they have been using Owen's name and likeness in videos, websites, television programs and print materials. Given this callous, insensitive and irresponsible behavior, one must question the moral character of Vince and Linda McMahon and the manner in which they conduct their business." According to the lawsuit filed today before the U.S. District Court in Hartford, "Since Owen's death, the WWE and McMahons have sought every available opportunity to further exploit Owen's personality for their own commercial benefit. Their use of Owen's name and likeness draws attention to the WWE's ongoing violent and highly questionable theatrical activities that caused Owen's death. Defendants' use of Owen's name and likeness is also in direct disregard of Martha's and her children's objections...The WWE's wrongful use of Owen's name and likeness, over Martha's continuing objection to any association with defendants and in the absence of any legal right of use, creates the wrongful impression that Martha and the Estate now support, approve or condone the video (which they do not)." The lawsuit seeks to enjoin the WWE from further use of Owen Hart's name and likeness, and seeks unpaid royalties as well as damages for breach of contract, copyright infringement, unjust enrichment, accounting and unfair and deceptive trade practices. Mrs. Hart is represented by the law firm Nixon Peabody LLP. Note to Editors: A copy of the complaint can be found at www.marthahartsueswwe.com Information on the Owen Hart Foundation can be found at www.owenhart.org

I'm sorry Dead, but this has nothing to do with Owen's fans. This woman lost her husband because of WWE's negligence and duty of care. She has every right to prevent the company from using his name/etc in any way.

I don't blame her for not wanting her kids to be involved with this, as they shouldn't have to witness or be involved with the death of their father. She is protecting the wellbeing of her children, which goes a lot better than a simple fan "wanting to see an owen match." If they want that, buy a DVD or something...

There's more to the life than a fake sport. Owen had a wife and kids.. Who probably misses him a lot more than even his "biggest fan". I couldn't imagine what she went through to watch what happen or hear about it.


But, I dunno. The only way those Hart kids on Raw are trying to get over is by using the family name. Owen was a pretty big deal for the company in the 90's up until death.

Still, its understandable. If your family member was killed by a negligent company, you wouldn't feel like they deserved to still use his name. Truth be told though, no amount of money will compensate Owen's loss.

You are preaching to the choir.

I ain't a lawyer, but don't here in American we have commonwealth laws that allows a widow to dictate what happens to her husband's property and name and all that jazz? I am sure since the WWE is an American company, they have to abid by them.

Plus, she already sued their asses and part of the agreement out of court was to quite bringing him up?

Yeah, WWE is breaching their contract by not bringing it up.

Rated X Superstar wrote:

Still, its understandable. If your family member was killed by a negligent company, you wouldn't feel like they deserved to still use his name. Truth be told though, no amount of money will compensate Owen's loss.

WWE....didnt cause it....WWE....didnt know it was going to happen.....WWE...wasnt negligent

I went ahead and Merged the 2 topics. I hope that is okay.