Brownsville retailer says free speech protects sale of wrestling shirts
The attorney for a Brownsville-based online retailer argued that the First Amendment protects the company’s ability to sell shirts parodying the likeness of a professional wrestling manager.
The shirts, sold by The Indy Connection, show the imagine of longtime wrestling personality Jim Cornette and a message: “(Expletive) Jim Cornette.”
In December, Cornette filed a federal suit naming the retailer and its owner, William J. Molnar Jr. of Brownsville. Molnar, the suit alleged, filed an application to trademark the phrase for use on clothing. The shirts were sold after Cornette and Altoona wrestler Brandon Graver, also named in the suit, got into a war of words on Twitter about Graver’s “death match” style of wrestling, to which Cornette is opposed.
The suit objected to the unauthorized use of Cornette’s image and name, and the profit gained from it.
The defendants’ attorney, Max Petrunya, argued that Cornette’s request for damages and injunctive relief are moot, as the shirt in question is no longer being sold by the defendants. Petrunya noted Molnar abandoned the trademark application for all Jim Cornette-related iterations.
He also indicated in court paperwork that his clients are in the process of relinquishing a domain name using the phrase at issue that they’d purchased.
“At the time of filing this lawsuit, defendants have not used the website for any purpose, commercial or otherwise,” Petrunya wrote.
He argued that the shirts are meant to be a parody or satire of Cornette’s character, which he said is protected free speech.
Petrunya also noted that, as a general rule, a person’s image or likeness cannot function as a trademark.
“The fact that the image of Cornette appears on a T-shirt and the ‘F’ word appears next to his name does not mean that this form of expression by defendants is not protected by the First Amendment,” Petrunya wrote.
Profiting from the shirts doesn’t change their First Amendment protections, he said.
“Furthermore, the ultimate irony of this entire case is that by filing this lawsuit, Cornette is effectively indicating that it is not OK for wrestlers to use parody or satire to criticize the Cornette character, but it is perfectly acceptable for Cornette to criticize wrestlers and wrestling shows across the globe,” Petrunya wrote, referring to the Twitter exchange in which Cornette wished death on Graver, who suffered a severe injury while participating in a death match.
Petrunya also questioned Cornette’s argument that selling the shirts could lead people to believe he endorsed their sale.
“While it is impossible to imagine how anyone could think that Cornette endorsed a shirt with his picture and tattoo needles sticking out of his forehead, (his) claims should be dismissed because (he) is currently endorsing the product on his own website by selling it, and the defendants are no longer selling the shirt,” wrote Petrunya, who requested that the lawsuit be dismissed in its entirety with prejudice.
On Thursday, Cornette’s attorney filed a motion for a temporary injunction, alleging after the suit was filed, a second shirt was produced with his image and the word “Clownette.”
The injunction motion asks a judge to immediately bar the Indy Connection from using his name and likeness and to prohibit any sales of shirts that bear either. A judge has yet to rule on that motion.