The following is a reprint of the Torch Newsletter cover story from five years ago this week.

-Jason Powell, Torch assistant editor

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Torch Newsletter Archive
By Wade Keller, Torch editor
Cover Story: WCW files "mirror image" lawsuit against WWF
Originally published: Pro Wrestling Torch Weekly newsletter #498
Cover dated: June 13, 1998

Is WCW trying to win the case or just establish that both groups use same tactics in competing for ratings?

World Championship Wrestling filed a lawsuit against Titan Sports (the WWF's parent company) and USA Network on May 18 in Bridgeport, Conn. The lawsuit contends that the WWF has engaged in unfair business practices meant to confuse the marketplace. "To combat WCW's success, Titan undertook a campaign to compete unfairly with WCW by disparaging WCW and the wrestlers who appear on its programs."

The lawsuit details what WCW calls a "Titan scheme" to disparage WCW trademarks and personalities and to create consumer confusion regarding the affiliation of wrestlers under contract to WCW. The lawsuit cites the following examples:

-The "Billionaire Ted" skits that aired on Raw in early 1996.

-Jim Ross announcing on Raw in September 1996 that "Diesel" and "Razor Ramon" were "returning" to the WWF when in fact other wrestlers, not Scott Hall and Kevin Nash, would be taking on those personas.

-Jim Cornette disparaging WCW and its wrestlers during a "diatribe" on the Oct. 6, 1997 edition of Raw and during an internet interview.

-Degeneration X spray-painting "WCW" on Jim Neidhart's rear after which a WWF commentator said, "The only thing more humiliating would be to work for WCW."

-Sean Waltman returning to the WWF and ripping on Hulk Hogan and Eric Bischoff and claiming that Hall and Nash wanted to return to the WWF, but were "being held hostage" by WCW.

-Degeneration X showing up at the Norfolk Scope arena before a live WCW Nitro broadcast and "haranguing customers," asking them if they think Eric Bischoff and WCW suck and demanding that their "brothers Hall and Nash" be let free.

-WWF representing falsely that WCW was offering free tickets to its Nitro event in Norfolk when the event had, in fact, been sold out for weeks including airing misleading footage of the marquee talking about free tickets being available which was actually for an event unrelated to WCW.

-Hunter Hearst Helmsley wearing a tour pass prominently displaying the "CNN" logo on Raw.

-Hunter imitating WCW ring announcer Michael Buffer during his ring introductions on WWF programming.

-WWF giving Waltman the ring name "X-Pac," contending that "X-Pac" was too similar to WCW's common law trademarked name "Syxx-pac."

-Airing "Flashback" programs on USA Network featuring stars no longer in the WWF and currently under contract to WCW to "create confusion among consumers whether those wrestlers were in fact now exclusive performers for WCW."

-Publishing articles in WWF magazines showcasing wrestlers such as Ric Flair. Hulk Hogan, and Dusty Rhodes who were then working under exclusive contract to WCW. "The layout of these articles deliberately creates the false impression that these wrestlers are currently affiliated with the WWF."

WCW's lawsuit says it has sustained damages in an amount unknown, but to be determined at trial. WCW says unless the WWF's "unlawful actions are enjoined," WCW will continue to be damaged."

The lawsuit follows a strikingly similar pattern to the lawsuit the WWF filed against WCW two years ago, down to the format and number of pages (25 pages vs. 27 pages). The WWF's lawsuit against WCW accusing them of defamation, slander, trademark infringement, and unfair competition is currently in the discovery phase. Expectations are a 1999 trial date will be set by the end of the year.

The primary claim in the WWF's lawsuit is that WCW intentionally attempted to deceive the public into thinking that when Hall and Nash arrived in WCW, they were still affiliated with the WWF. The WWF's lawsuit cites that Hall and Nash, when they showed up on Nitro ostensibly as uninvited guests, portrayed themselves as still being WWF wrestlers "wanting to wrestle WCW wrestlers in order to demonstrate that the WWF was superior." To create that impression, Eric Bischoff acted surprised when Hall and later Nash showed up; Hall referred to the WWF's "Billionaire Ted" skits; and WCW 900 line reports explicitly speculated that Vince McMahon sent Hall and Nash to WCW. Said the lawsuit: "WCW deliberately confused consumers into believing that matches featuring WWF talent against WCW talent could be seen on its upcoming pay-per-view."

The lawsuit quoted a WCW 900 hotline report by Mark Madden: "Big Daddy Cool joined The Bad Guy in menacing WCW head honcho Eric Bischoff on Nitro, and it was hinted that those two and another guy may wrestle a WCW threesome at the Bash. I'd love to see it, I hope to see it, but I don't know if a match of that magnitude can be put together that quick, especially given the legalities of using non-WCW wrestlers. I'd expect the July 7 Nash at the Beach to feature that match, but I hope it's this Sunday. I have it on unshakable authority that Big Daddy Cool and The Bad Guy will be at the show in Baltimore... On last week's Raw Vince McMahon said that Big Daddy Cool and The Bad Guy were no longer affiliated with his promotion, but what else would McMahon say?... Espionage is espionage. It's secret."

The WWF lawsuit says when Bischoff later outright asked Hall and Nash on the air if they worked for the WWF and they said, "No," he had to ask that question because he "knew that consumers who bought the PPV had been deliberately mislead into believing that Nash and Hall were (still) affiliated with the WWF."

The WWF lawsuit lists other claims, such as Bischoff suggesting on the air that the WWF caused a power outage during Nitro, that Hall and Nash's new personas infringed on Titan's trademarked characters Diesel and Razor Ramon, and Bischoff often saying that the WWF was nearing bankruptcy in order to dissuade its wrestlers from jumping to the WWF.

It appears part of WCW's strategy in filing the lawsuit is to establish that a lot of what the WWF claims WCW did to harm them is similar to tactics the WWF also used when Raw fell behind in the ratings. The question is which tactics fall under the category of being illegal.

When the WWF introduced the new Diesel and Razor Ramon, part of their strategy may have been to establish that when Hall and Nash left the WWF, the WWF still had reason to protect their former personas since they could use them again with other wrestlers. When the "new" Razor and Diesel gimmick failed, it in a sense was a no-lose situation for the WWF since they could say part of the reason the gimmicks failed was that Hall and Nash never stopped using them when they went to WCW.

WCW wants to establish in their lawsuit that the WWF created similar confusion in the marketplace by having Ross portray the "return of Razor and Diesel" as a major story. The lawsuit says "Titan had never before substituted new performers in wrestling roles that had been performed by individuals who did not wear a mask or make-up that completely obscured a wrestler's facial appearance."

The rest of the lawsuit is essentially WCW trying to make the WWF look bad by showing how crude their approach has been on the air in trying to compete with WCW. The lawsuit quotes Cornette talking about a WCW wrestler as "someone who couldn't draw money if you dipped him in Elmer's Glue and dragged him through Fort Knox" and others as "childish... obnoxious adolescent smart asses with a bad case of arrested emotional development and a fixation on trying to be macho." Cornette's comments are ironic in retrospect considering Sean Waltman was a primary target of his monologue and Waltman is now in the WWF doing similar "adolescent" stunts as part of DX.

The lawsuit tries to make the WWF look childish when it quoted Waltman saying, "Well, Hulk Hogan, you suck, pal!... And Hulk, I got some more advice for you. You better not stop short or Eric Bischoff will go so far up your ass he'll know what you had for breakfast." The excerpt of Waltman's speech from Raw, though, clearly establishes that Waltman was responding to Hogan who the previous week had said on Nitro that Waltman was gone because he couldn't cut the mustard. Was what Waltman said illegal defamation, but what Hogan said the week before fair game?

The WWF may play dumb regarding whether or not the Nitro at the Scope was an advanced sellout, and claim that the marquee confused them. The WCW lawsuit talks about the WWF airing the marquee which read "WCW Nitro" and on the next screen "For free tickets, call..." It says: "This maliciously altered footage was replayed" on the WWF's weekend programs. WCW may have overstated their case, though, since the footage was not actually altered. If the WWF proves they didn't alter the footage, WCW may lose their strongest case that the WWF knowingly falsely represented that WCW couldn't sell out the arena.

While the WWF was wrong about free tickets being given away for the Scope Nitro, they weren't wrong when they said Nash and Hall would rather be in the WWF. Nash actually asked for his release from WCW around the time the WWF said he was "being held hostage." Also, airing highlights of past matches on specials labelled as "Flashbacks" hardly seems deceiving. Hunter mocking Michael Buffer's ring introductions would seemingly be protected as satire. Hunter wearing a CNN tour pass on a Raw appearance doesn't confuse the public into thinking he works for WCW. The WCW lawsuit portrays DX as "invading the WWF." While Hall and Nash's gimmick was that they were going to "take over" WCW, DX's gimmick is that they are "f--ing' with the WWF, WCW, and everyone else, but not trying to "take over." WCW never marketed or officially trademarked Syxx-Pac, only "Syxx." Regarding the "new" Razor and Diesel, shortly after their debut, Bischoff said in a Prodigy chat that the WWF had every right to bring back those characters.

WCW is suing not just Titan, but also USA Network, citing that USA knew of the WWF's tactics and didn't stop them, including having a seven second delay during live broadcasts and not utilizing it. WCW may succeed at the very least in muddying the waters of the WWF's lawsuit and making USA Network more gun shy.

For what it's worth, the WWF is not making a big deal out of the lawsuit. Management hasn't even mentioned the lawsuit to its wrestlers, much less instructed anyone to alter their on-air approach.

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