Post by The Ultimate Nullifier on Aug 31, 2013 7:22:21 GMT -6
PRO WRESTLING NEWS:
--- John Cena noted on his Twitter that he's 9 days post-op and still can't move his arm.
--- AJ Styles signed a three-month contract extension. The promo on Impact was something he came up with and wrote to explain his character change over the past year, and not something that TNA had any input into. We got reports from the building that the crowd turning on him was worse live than it sounded on TV.
--- Despite finishing up the Bound for Glory tournament without having done half the scheduled matches, the company still managed to tape a Joe Park vs. Jay Bradley Bound for Glory tournament match for Xplosion last night -- the SECOND TIME the two have worked in the tournament. This one is not AJ Styles' fault. The guy in first place in the tournament (at least as of last night's Impact), Magnus, is also the guy with the least number of matches of anyone, just four. On August 27th they did a house show where Joe beat Roode via submission and got 10 points. This must have been right around the time they decided to end the whole thing because on TV that match and those points were never acknowledged, because if they were Joe would have ended up in 2nd place and qualified for the No Surrender semi-finals. However, on TV they noted that Bobby Roode had lost four times in the Series -- which means they were acknowledging his loss to Samoa Joe, but not acknowledging the points Joe got by beating him. There are international partners with TNA who were under the impression that it was a round-robin tournament, everyone would be facing everyone else, and that was what was advertised during commentary for months.
---Greg Gilleland, who was making all the day to day decisions for ROH and held the position of the company's business manager, officially left to take another position within Sinclair this past Thursday 8/22.
---A lawsuit brought against WWE by the Florida based Figures Toy Company (FTC) alleges that the company tried to terminate their long-standing deal with FTC to license and create replicas of the different WWE championship belts in order to instead make a deal with a China-based manufacturer.
FTC, who approached WWE in 2000 about licensing and selling the replica belts, signed a new agreement with WWE in 2010, which was amended in 2012. As part of their deal, WWE would license the replicas to FTC for FTC to sell themselves to retailers. WWE would also purchase replicas of the different titles to sell themselves at live events and online.
In a 14 page filing, FTC claimed that on 8/8, WWE informed them that they were terminating the deal, alleging that FTC had a "pattern of repeated failure to make timely delivery of sufficient quantities of the Licensed Products to customers or retailers." Since FTC had allegedly done so, they had hurt the royalties that WWE could make off the replica belts, which retail anywhere starting at $249 on up to $750, depending on the belt and the level of replica that it is.
In the lawsuit, FTC is placing the blame on a new buyer working for WWE, June Jack, who they believe has worked for other toy companies and has a knowledge of "working directly with Chinese manufacturers." FTC's claim that Jack communicated to them numerous times during dealings that she was unhappy about the 2012 Amendment the company had signed with FTC before she came on board and felt that WWE could get a better deal elsewhere from a Chinese manufacturer that they could obtain the replicas from at a lower price point.
FTC then alleged that Jack devised "pre-texts" to put WWE in a position where they could eliminate FTC and "steal the license" for the belts back for themselves.
There were several issues that set the termination into motion, according to FTC's lawsuit filing. We will break them down:
SPINNER BELT REPLICA ISSUES
In the lawsuit, FTC claimed they had been informed that WWE was removing the "spinner" from its storylines and off TV, so they lowered the amount they kept in stock, claiming that once a belt was removed from TV, it's sales "drastically" dropped. WWE then ordered 100 of the belts to be sold at their house shows in September 2012 - a month after FTC was informed the "spinner" was removed from TV. FTC informed WWE that they did not have a large amount of stock on hand and would fill the order ASAP.
FTC claims they explained to WWE that they did not have the belts at hand because WWE had told them the "spinner" was being retired the month before, so FTC had allowed their stock to "draft down." FTC claimed that WWE understood that they had placed FTC in that position. FTC claimed they delivered 50 of the belts in December 2012 and another 50 belts in January 2013.
FTC also alleges that on 11/14/12, they informed WWE that they had not placed their usual order for the holiday shopping season. WWE then placed a massive order with a number of items, including 100 "spinner" belts. FTC claims to have filled all other aspects of the order but again informed WWE that they had a low stock on the "spinners" and would fill the order ASAP. With the exception of the "Spinner" belts, the remainder of the order was filmed the same day and FTC had the "spinner belts" flown to WWE at FTC's expense by 12/17/12.
WWE cited late delivery of the "Spinner" belts as one of the reasons for termination, according to FTC. FTC claims that WWE had purchased additional items from FTC in 2013 and never once voiced any issues about the shipping issues.
CURRENT CHAMPIONSHIP BELT ISSUES
There were also issues with WWE placing a large order of the "current" WWE title belt, which FTC explained is a very hard, intricate design that features over 100 jewels that have to be hand-placed during replica production.
WWE placed their first orders for the new replica belts, according to FTC, in January 2013 and they were delivered without any issues.
On 2/26/13, WWE then placed an over for over 1,000 replicas of the current championship belt, which FTC noted was three times the amount of any order ever previously made by WWE for any replica title belt.
In the lawsuit, FTC wrote, "FTC notified WWE that this type of unexpected, unplanned demand for the championship belt would place tremendous pressure on FTC’s Chinese manufacturer, but that it would use its best efforts to deliver the products. FTC delivered these products on or about March 21, 2013. Because of the unprecedented magnitude of the order, which was both unplanned and unexpected, there were some quality issues with the belts that were delivered in March 2013. FTC used its best efforts to acclimate to handling this unprecedented volume of orders for a handmade piece that required the placement by hand of more than 100 different jewels."
WWE placed additional orders in April 2013 and Jack informed FTC in May that each championship belt now needed to be inspected for "quality", which had never been required in the 13 years that WWE and FTC had worked together.
FTC alleged the inspections were, "Based on subjective determinations made by WWE staff - applying alleged standards of “defectiveness” never provided to FTC and never applied in the past – WWE rejected some of the belts that were delivered in May and June 2013. Many of these rejections were not in good faith and were merely a pre-text to make a claim for termination."
FTC claimed that by August of this year, they had not only resolved any issues with deliveries but had also resolved any quality issues for the "Current" championship belt replica, even under the newer, harsher WWE quality standards that were now being enforced.
FTC claimed that on 8/7, they reached out to Jack about the most recent "current" WWE championship belt replicas that had been delivered. Jack, according to FTC, said all but one had passed their inspection and that "additional orders would be forthcoming." FTC claims she did not voice any issues with FTC's product at that time.
FTC then noted that WWE claimed the issues with the quality of the "Current" championship replicas was one of the reasons they Terminated FTC.
WWE'S TERMINATION OF THE AGREEMENT
On 8/8 (the day after FTC spoke with Jack and was allegedly told there would be more orders coming), WWE informed them that they were terminating their Licensing contract to produce the Replica belts.
Prior to that day, FTC alleges that WWE never informed them this was a possibility or that they felt there "was a pattern of failure to make timely delivery" or that FTC had a "adverse effect on the WWE Licensing program", which WWE claimed in their Termination notice.
FTC is also claiming that WWE is attempting to terminate the deal by citing issues FTC had delivering to "its customers or retailers" but WWE would not fall under either category, therefore they have no legal right to terminate the agreement. It's not spelled out in the lawsuit, but it would appear FTC is claiming that since WWE is the Licensor, they cannot also be considered a customer legally. [Note from Mike: If that is indeed the case, it looks to be a stretch. If WWE was purchasing material, they were a customer.]
FTC also alleges that WWE's Jack "placed additional orders for millions of dollars" worth of Licensed Product, knowing she planned to Terminate the Agreement with FTC. FTC allege that Jack did this knowing that the manufacturing process had already begun, allowing WWE to put themselves into a position where they could now scoop up the items for a quarter of the cost for the latter part of 2013.
FTC noted that the end of their WWE licensing deal means they will have to let employees go and "suffer significant damages" as well as suffer "irreparable repair" of their goodwill and reputation within the industry. They also noted that WWE has already enforced that third-party retailers advertising in their magazine can no longer advertise FTC-produced items, hurting FTC's customer base.
FTC also alleges that WWE has met with the Chinese manufacturer of FTC's replica belts and intends to just purchase the FTC-Licensed belts directly from the manufacturer, cutting out the Licensing costs and keeping a far larger profit for WWE. They claim that would be in direct violation of their Agreement with WWE. They are also claiming WWE has caused "Torturous Interference" with their business
In the lawsuit, FTC wrote, "An actual controversy has arisen and now exists concerning the termination of the Agreement. WWE has purported to terminate the Agreement, and asserts that FTC may not continue to manufacture or sell the Licensed Products. FTC contends that the purported termination is ineffective because no grounds for termination exist under the Agreement, and that WWE is breaching the Agreement by attempting to manufacture and sell Licensed Products for which it has granted to FTC an exclusive license, and by notifying FTC’s customers that they may no longer advertise FTC’s licensed products."
FTC has petitioned the court for a Jury Trial, that the court rule there is no basis for WWE to Terminate their agreement, that the court issue an injunction preventing WWE from interfering with the agreement (including ordering vendors not to advertise FTC products in WWE's publications), that the current Agreement remain in full force and that WWE pay damages for the entire situation.
The court ruled that FTC has until 10/27 to file an amended pleading.
WWE has until 11/28 to file any motions to dismiss the case.
WWE has not yet responded to the lawsuit, which given that it was filed 48 hours ago, is not surprising.
---"Hacksaw" Jim Duggan recently had an MRI that revealed a torn rotator cuff. He will be having shoulder surgery on September 9th at the National Training Center in Florida.
---Hulk Hogan appeared on Rover's Morning Glory earlier this week to promote last night's Impact Wrestling taping. Here are a few highlights: Shrinking: "I'm 6'4 now, I used to be a lot, lot, taller. I actually did [shrink]. When I was 27 years old, I was 6'7 on the nose. After 35 years of jumping up and landing on my tailbone doing the legdrop, and nine back surgeries, and two hip replacements, and two knee replacements, I'm now 6'4 1/2." TNA's success overseas: "The company I'm with, Impact Wrestling, they're the number one company overseas. All through Europe and Australia, the numbers are crazy and we're pushing really hard here in the States." Changes in the business: "What I've noticed mostly is things move so fast, the universe is getting so big. There are so many choices with satellite, cable, reality TV, social media, people switch gears so much that things have to move faster. Like if you and I were to start an argument right now, [in the past] we'd probably wrestle a year from now and blow the thing off. Well now, if we start an argument we'll probably wrestle by the end of the hour. You have to most faster, it's just the business has changed." Doing steroids early in his career: "It was kind of a wave of what was the correct thing to do at the time. [In the] '70s, 80's, doctors would write you a prescription for a steroid, where every sport in the world was doing it and the mindset was, 'it was safer than taking sugar.' Well, everybody's been re-educated. Steroids are for injuries and certain medical uses, but not for bulking up and enhancing athletic ability. So, I think the mindset changed around '90 when it became illegal... There was an era when the steroids were predominant in every single sport across the board, but now I think even though it's prevalent, it's not as inundated as it was back then. I think you can pull out isolated incidences in any sport and point people out." His relationship with WWE: "On a personal level I'm friends with them, but on a business level, I'm the bitter enemy [joking]. I'm not the enemy, we don't compete with the other company because they are a totally different entity. They're a PG company, we're pretty aggressive. It's not like we want wrestling how it used to be, but wrestling how it should be [with] a lot of physicality and back to the bare necessities of what this business is about. So we're really not competing, but on a business level we're not on the same team, that's for sure. But on a personal level, I'm friends with everybody."
---AJ Styles Promo-
---PRO WRESTLING GUERRILLA BATTLE OF LOS ANGELES 2013 RESULTS Friday August 30,2013 Reseda,Ca.:
*Kevin Steen defeated Chuck Taylor via a package piledriver. The match was loaded with comedy spots including doing moves to a fan's San Francisco Giants hat.
*Brian Cage defeated Tommaso Ciampa. There was a very, very scary moment as it appeared Ciampa botched a powerbomb on the outside the ring and dropped Cage on his head. You could see how bad Ciampa felt and it was extremely scary. He told the ref to count Cage out. Cage stumbled back into the ring and Ciampa rolled him up, expecting cage to actually take the pin but Cage kicked out. A ton of heart showed by Cage but obviously I hope injury is not serious.
*Johnny Gargano defeated Willie Mack via submission.
*Roderick Strong defeated AR Fox.
*Drake Younger defeated Joey Ryan via cop killer onto a pile of candy and Legos. The match started normal but then turned into comedy spot with wrestlers selling the bag of thumbtacks gimmick but actually pouring candy and Legos into the ring.
*ACH defeated Tony Nese. Solid match. ACH hit his Fisherman's DDT suplex deal for the win.
*Kyle O'Reilly defeated Trent Baretta with an armbar submission. Best match of the night thus far.
*Michael Elgin defeated Rich Swann with a spinning powerbomb. Another great match.
*Adam Cole & The Young Bucks defeated The Forever Hooligans & TJP. Amazing match.
---The Windsor Star ran a piece today with comments from Dave Beachnau, the Detroit Sports Commission's Executive Director, noting that the city had lost the bid and would not host Wrestlemania 32.
Interesting to note in the article is that Beachnau claimed he was told in June Detroit would not be hosting the event when just several weeks ago, there was a minor uproar among some politicians in Windsor over potential money that would be spent to help bring the bid as part of a partnership with Detroit. There were also a number of local media articles discussing the event possibly coming back to the Motor City.
As we noted on PWInsider, there was also talk within WWE that 32 would likely be in Detroit, although no final decision had been made. The final decision was to be made before the end of August.
The article claims that Orlando, FL and Dallas, Texas were the other front runners for Mania 32. Orlando has been strongly pushing for a Wrestlemania return and even looked into upgrading the Citrus Bowl to assist with that process.
---SPOILERS: TNA IMPACT WRESTLING TAPINGS FOR SEPTEMBER 5
The following was taped on Thursday from Cleveland.
Xplosion: Eric Young def. Jay Bradley
TNA IMPACT Wrestling for September 5, 2013:
* In-ring segment with TNA Knockouts Champion Mickie James & ODB. Mickie says that she was bummed she didn't get invited to the VMAs, but has a consolation, which is a "MJA" award as Mickie shows off a small star trophy. Mickie then attacks ODB with the trophy. ODB makes a comeback and rips Mickie's shirt off, sending her fleeing from the ring.
* In-ring segment with TNA Champion Bully Ray and Aces & Eights. Bully says Knux will face Chris Sabin, Brisco & Bischoff will face Storm & Gunner and Anderson will take care of things in the Gauntlet.
1. Knux def. Chris Sabin by DQ.
* Bully Ray, who stayed at ringside, threw Knux the hammer while he distracted the ref. Sabin stopped Knux, grabbed the hammer and nailed Knux with it. However, the ref spotted Sabin hitting Knux with the hammer and DQ'd him.
2. AJ Styles won the Bound for Glory Series Gauntlet match, last eliminating Christopher Daniels to earn 20 points in the Bound for Glory Series, putting him in first place.
3. Wes Brisco & Garett Bischoff def. TNA Tag Team Champions James Storm & Gunner after Brisco hit Gunner with brass knucks.
* Afterward, Brisco & Bischoff motioned they want the TNA Tag Team Titles.
* In-ring segment with the final four in the Bound for Glory Series, which was AJ Styles, Austin Aries, Magnus & Bobby Roode. AJ was allowed to pick his opponent for the September 12th "No Surrender" show and he chose Austin Aries. So its Aries vs. Styles & Magnus vs. Roode in the Semifinals of the Bound for Glory Series on September 12th.
* Backstage segment with Bully Ray ripping on Mr. Anderson for not winning the Gauntlet match.
* Before the main event, Bully Ray says he will not defend the TNA Title against Sting because of the stipulation from Slammiversary where if Sting lost, he could never challenge for the TNA Title again. Hulk Hogan comes out and while the match is kept as a Non-Title match, he bans Tito Ortiz from ringside and makes the match No DQ.
4. Sting def. TNA Champion Bully Ray w/Brooke Tessmacher & Mr. Anderson in a No DQ Match. Aces & 8s got involved at one point, but the Main Event Mafia ran out to clear them from the ring. Towards the end, Bully asked Anderson to give him the hammer while Sting had him in the Scorpion Death Lock, but Anderson refused and Bully tapped out.
* Afterwards, Anderson got in Bully's face and ripped on him for not getting the job done. Anderson said on September 12th, he will face Bully Ray for the TNA Title. Anderson did his usual spiel to close.
Xplosion: Kazarian def. Hernandez
PRO WRESTLING EVENTS FOR SUNDAY SEPTEMBER 1,2013:
WWE @ Verizon Center in Washington, DC
APW @ Yost Theater in Santa Ana, California
BIG @ Taco Loco Restaurant in El Paso, Texas
CPW @ Big Bear Lake Community Building in Bruceton Mills, West Virginia
GALLI @ 5 Star Swap Mart in Villa Park, Illinois
HKW @ San Lorenzo Club in Cleveland, Ohio
IPW @ Marchesa Hall & Theatre in Austin, Texas
IWL @ Masonic Hall in Monrovia, California
NAWA @ Springfield Fairgrounds in Springfield, Maine
NSPW @ Chava's Cafe in Los Angeles, California
OVW @ Davis Arena in Louisville, Kentucky
SPLL @ Kanijos Western Club in McAllen, Texas
TASW @ Armadillo Events Center in Houston, Texas
UWA @ Metuchen Sportsplex in Metuchen, New Jersey
UWF @ Bingo Hall in Georgetown, Kentucky
WCWC @ Houck Middle School in Salem, Oregon
WIF @ Goodwill Beneficial Association Building in Reading, Pennsylvania
AALL @ Arena Azteca in Torreon, Mexico
AULL @ Lopez Mateos Arena in Tlalnepantla, Mexico
CMLL @ Arena Coliseo in Guadalajara, Mexico
CMLL @ Arena Coliseo in Mexico City, Mexico
DJ @ Arena Jaguar in Monterrey, Mexico
FIPW @ Fusion Ichiban Arena in Mexico City, Mexico
IWRG @ Arena Naucalpan in Naucalpan, Mexico
LLD @ Arena Coliseo in Reynosa, Mexico
LLM @ Arena Solidaridad in Monterrey, Mexico
LLM @ Lee Roy Sports Centre in Torreon, Mexico
LLX @ Arena Xalapa in Xalapa, Mexico
LMX @ Arena Jalisco in Guadalajara, Mexico
LYC @ Arena Coliseo in Monterrey, Mexico
TYT @ Azteca Budokan Arena in Nezahualcoyotl, Mexico
WW @ Aragon Arena in Valle De Santiago, Mexico
FMLL @ Arena Guatemala-Mexico in Guatemala City, Guatemala
XNL @ Municipal Gymnasium in Santiago, Chile
DGPW @ KBS Hall in Kyoto, Japan
K-Dojo @ Blue Field in Chiba, Japan
MPW @ Higashinari Kumin Centre in Osaka, Japan
Osaka Pro @ Umeda Nasci Hall in Osaka, Japan
EAW @ Pemberton Centre in Rushden, England
HOPW @ Working Men's Club in Arnold, England
Progress @ The Bedford in London, England
PWP @ Corn Exchange Complex in Exeter, England
--- John Cena noted on his Twitter that he's 9 days post-op and still can't move his arm.
--- AJ Styles signed a three-month contract extension. The promo on Impact was something he came up with and wrote to explain his character change over the past year, and not something that TNA had any input into. We got reports from the building that the crowd turning on him was worse live than it sounded on TV.
--- Despite finishing up the Bound for Glory tournament without having done half the scheduled matches, the company still managed to tape a Joe Park vs. Jay Bradley Bound for Glory tournament match for Xplosion last night -- the SECOND TIME the two have worked in the tournament. This one is not AJ Styles' fault. The guy in first place in the tournament (at least as of last night's Impact), Magnus, is also the guy with the least number of matches of anyone, just four. On August 27th they did a house show where Joe beat Roode via submission and got 10 points. This must have been right around the time they decided to end the whole thing because on TV that match and those points were never acknowledged, because if they were Joe would have ended up in 2nd place and qualified for the No Surrender semi-finals. However, on TV they noted that Bobby Roode had lost four times in the Series -- which means they were acknowledging his loss to Samoa Joe, but not acknowledging the points Joe got by beating him. There are international partners with TNA who were under the impression that it was a round-robin tournament, everyone would be facing everyone else, and that was what was advertised during commentary for months.
---Greg Gilleland, who was making all the day to day decisions for ROH and held the position of the company's business manager, officially left to take another position within Sinclair this past Thursday 8/22.
---A lawsuit brought against WWE by the Florida based Figures Toy Company (FTC) alleges that the company tried to terminate their long-standing deal with FTC to license and create replicas of the different WWE championship belts in order to instead make a deal with a China-based manufacturer.
FTC, who approached WWE in 2000 about licensing and selling the replica belts, signed a new agreement with WWE in 2010, which was amended in 2012. As part of their deal, WWE would license the replicas to FTC for FTC to sell themselves to retailers. WWE would also purchase replicas of the different titles to sell themselves at live events and online.
In a 14 page filing, FTC claimed that on 8/8, WWE informed them that they were terminating the deal, alleging that FTC had a "pattern of repeated failure to make timely delivery of sufficient quantities of the Licensed Products to customers or retailers." Since FTC had allegedly done so, they had hurt the royalties that WWE could make off the replica belts, which retail anywhere starting at $249 on up to $750, depending on the belt and the level of replica that it is.
In the lawsuit, FTC is placing the blame on a new buyer working for WWE, June Jack, who they believe has worked for other toy companies and has a knowledge of "working directly with Chinese manufacturers." FTC's claim that Jack communicated to them numerous times during dealings that she was unhappy about the 2012 Amendment the company had signed with FTC before she came on board and felt that WWE could get a better deal elsewhere from a Chinese manufacturer that they could obtain the replicas from at a lower price point.
FTC then alleged that Jack devised "pre-texts" to put WWE in a position where they could eliminate FTC and "steal the license" for the belts back for themselves.
There were several issues that set the termination into motion, according to FTC's lawsuit filing. We will break them down:
SPINNER BELT REPLICA ISSUES
In the lawsuit, FTC claimed they had been informed that WWE was removing the "spinner" from its storylines and off TV, so they lowered the amount they kept in stock, claiming that once a belt was removed from TV, it's sales "drastically" dropped. WWE then ordered 100 of the belts to be sold at their house shows in September 2012 - a month after FTC was informed the "spinner" was removed from TV. FTC informed WWE that they did not have a large amount of stock on hand and would fill the order ASAP.
FTC claims they explained to WWE that they did not have the belts at hand because WWE had told them the "spinner" was being retired the month before, so FTC had allowed their stock to "draft down." FTC claimed that WWE understood that they had placed FTC in that position. FTC claimed they delivered 50 of the belts in December 2012 and another 50 belts in January 2013.
FTC also alleges that on 11/14/12, they informed WWE that they had not placed their usual order for the holiday shopping season. WWE then placed a massive order with a number of items, including 100 "spinner" belts. FTC claims to have filled all other aspects of the order but again informed WWE that they had a low stock on the "spinners" and would fill the order ASAP. With the exception of the "Spinner" belts, the remainder of the order was filmed the same day and FTC had the "spinner belts" flown to WWE at FTC's expense by 12/17/12.
WWE cited late delivery of the "Spinner" belts as one of the reasons for termination, according to FTC. FTC claims that WWE had purchased additional items from FTC in 2013 and never once voiced any issues about the shipping issues.
CURRENT CHAMPIONSHIP BELT ISSUES
There were also issues with WWE placing a large order of the "current" WWE title belt, which FTC explained is a very hard, intricate design that features over 100 jewels that have to be hand-placed during replica production.
WWE placed their first orders for the new replica belts, according to FTC, in January 2013 and they were delivered without any issues.
On 2/26/13, WWE then placed an over for over 1,000 replicas of the current championship belt, which FTC noted was three times the amount of any order ever previously made by WWE for any replica title belt.
In the lawsuit, FTC wrote, "FTC notified WWE that this type of unexpected, unplanned demand for the championship belt would place tremendous pressure on FTC’s Chinese manufacturer, but that it would use its best efforts to deliver the products. FTC delivered these products on or about March 21, 2013. Because of the unprecedented magnitude of the order, which was both unplanned and unexpected, there were some quality issues with the belts that were delivered in March 2013. FTC used its best efforts to acclimate to handling this unprecedented volume of orders for a handmade piece that required the placement by hand of more than 100 different jewels."
WWE placed additional orders in April 2013 and Jack informed FTC in May that each championship belt now needed to be inspected for "quality", which had never been required in the 13 years that WWE and FTC had worked together.
FTC alleged the inspections were, "Based on subjective determinations made by WWE staff - applying alleged standards of “defectiveness” never provided to FTC and never applied in the past – WWE rejected some of the belts that were delivered in May and June 2013. Many of these rejections were not in good faith and were merely a pre-text to make a claim for termination."
FTC claimed that by August of this year, they had not only resolved any issues with deliveries but had also resolved any quality issues for the "Current" championship belt replica, even under the newer, harsher WWE quality standards that were now being enforced.
FTC claimed that on 8/7, they reached out to Jack about the most recent "current" WWE championship belt replicas that had been delivered. Jack, according to FTC, said all but one had passed their inspection and that "additional orders would be forthcoming." FTC claims she did not voice any issues with FTC's product at that time.
FTC then noted that WWE claimed the issues with the quality of the "Current" championship replicas was one of the reasons they Terminated FTC.
WWE'S TERMINATION OF THE AGREEMENT
On 8/8 (the day after FTC spoke with Jack and was allegedly told there would be more orders coming), WWE informed them that they were terminating their Licensing contract to produce the Replica belts.
Prior to that day, FTC alleges that WWE never informed them this was a possibility or that they felt there "was a pattern of failure to make timely delivery" or that FTC had a "adverse effect on the WWE Licensing program", which WWE claimed in their Termination notice.
FTC is also claiming that WWE is attempting to terminate the deal by citing issues FTC had delivering to "its customers or retailers" but WWE would not fall under either category, therefore they have no legal right to terminate the agreement. It's not spelled out in the lawsuit, but it would appear FTC is claiming that since WWE is the Licensor, they cannot also be considered a customer legally. [Note from Mike: If that is indeed the case, it looks to be a stretch. If WWE was purchasing material, they were a customer.]
FTC also alleges that WWE's Jack "placed additional orders for millions of dollars" worth of Licensed Product, knowing she planned to Terminate the Agreement with FTC. FTC allege that Jack did this knowing that the manufacturing process had already begun, allowing WWE to put themselves into a position where they could now scoop up the items for a quarter of the cost for the latter part of 2013.
FTC noted that the end of their WWE licensing deal means they will have to let employees go and "suffer significant damages" as well as suffer "irreparable repair" of their goodwill and reputation within the industry. They also noted that WWE has already enforced that third-party retailers advertising in their magazine can no longer advertise FTC-produced items, hurting FTC's customer base.
FTC also alleges that WWE has met with the Chinese manufacturer of FTC's replica belts and intends to just purchase the FTC-Licensed belts directly from the manufacturer, cutting out the Licensing costs and keeping a far larger profit for WWE. They claim that would be in direct violation of their Agreement with WWE. They are also claiming WWE has caused "Torturous Interference" with their business
In the lawsuit, FTC wrote, "An actual controversy has arisen and now exists concerning the termination of the Agreement. WWE has purported to terminate the Agreement, and asserts that FTC may not continue to manufacture or sell the Licensed Products. FTC contends that the purported termination is ineffective because no grounds for termination exist under the Agreement, and that WWE is breaching the Agreement by attempting to manufacture and sell Licensed Products for which it has granted to FTC an exclusive license, and by notifying FTC’s customers that they may no longer advertise FTC’s licensed products."
FTC has petitioned the court for a Jury Trial, that the court rule there is no basis for WWE to Terminate their agreement, that the court issue an injunction preventing WWE from interfering with the agreement (including ordering vendors not to advertise FTC products in WWE's publications), that the current Agreement remain in full force and that WWE pay damages for the entire situation.
The court ruled that FTC has until 10/27 to file an amended pleading.
WWE has until 11/28 to file any motions to dismiss the case.
WWE has not yet responded to the lawsuit, which given that it was filed 48 hours ago, is not surprising.
---"Hacksaw" Jim Duggan recently had an MRI that revealed a torn rotator cuff. He will be having shoulder surgery on September 9th at the National Training Center in Florida.
---Hulk Hogan appeared on Rover's Morning Glory earlier this week to promote last night's Impact Wrestling taping. Here are a few highlights: Shrinking: "I'm 6'4 now, I used to be a lot, lot, taller. I actually did [shrink]. When I was 27 years old, I was 6'7 on the nose. After 35 years of jumping up and landing on my tailbone doing the legdrop, and nine back surgeries, and two hip replacements, and two knee replacements, I'm now 6'4 1/2." TNA's success overseas: "The company I'm with, Impact Wrestling, they're the number one company overseas. All through Europe and Australia, the numbers are crazy and we're pushing really hard here in the States." Changes in the business: "What I've noticed mostly is things move so fast, the universe is getting so big. There are so many choices with satellite, cable, reality TV, social media, people switch gears so much that things have to move faster. Like if you and I were to start an argument right now, [in the past] we'd probably wrestle a year from now and blow the thing off. Well now, if we start an argument we'll probably wrestle by the end of the hour. You have to most faster, it's just the business has changed." Doing steroids early in his career: "It was kind of a wave of what was the correct thing to do at the time. [In the] '70s, 80's, doctors would write you a prescription for a steroid, where every sport in the world was doing it and the mindset was, 'it was safer than taking sugar.' Well, everybody's been re-educated. Steroids are for injuries and certain medical uses, but not for bulking up and enhancing athletic ability. So, I think the mindset changed around '90 when it became illegal... There was an era when the steroids were predominant in every single sport across the board, but now I think even though it's prevalent, it's not as inundated as it was back then. I think you can pull out isolated incidences in any sport and point people out." His relationship with WWE: "On a personal level I'm friends with them, but on a business level, I'm the bitter enemy [joking]. I'm not the enemy, we don't compete with the other company because they are a totally different entity. They're a PG company, we're pretty aggressive. It's not like we want wrestling how it used to be, but wrestling how it should be [with] a lot of physicality and back to the bare necessities of what this business is about. So we're really not competing, but on a business level we're not on the same team, that's for sure. But on a personal level, I'm friends with everybody."
---AJ Styles Promo-
---PRO WRESTLING GUERRILLA BATTLE OF LOS ANGELES 2013 RESULTS Friday August 30,2013 Reseda,Ca.:
*Kevin Steen defeated Chuck Taylor via a package piledriver. The match was loaded with comedy spots including doing moves to a fan's San Francisco Giants hat.
*Brian Cage defeated Tommaso Ciampa. There was a very, very scary moment as it appeared Ciampa botched a powerbomb on the outside the ring and dropped Cage on his head. You could see how bad Ciampa felt and it was extremely scary. He told the ref to count Cage out. Cage stumbled back into the ring and Ciampa rolled him up, expecting cage to actually take the pin but Cage kicked out. A ton of heart showed by Cage but obviously I hope injury is not serious.
*Johnny Gargano defeated Willie Mack via submission.
*Roderick Strong defeated AR Fox.
*Drake Younger defeated Joey Ryan via cop killer onto a pile of candy and Legos. The match started normal but then turned into comedy spot with wrestlers selling the bag of thumbtacks gimmick but actually pouring candy and Legos into the ring.
*ACH defeated Tony Nese. Solid match. ACH hit his Fisherman's DDT suplex deal for the win.
*Kyle O'Reilly defeated Trent Baretta with an armbar submission. Best match of the night thus far.
*Michael Elgin defeated Rich Swann with a spinning powerbomb. Another great match.
*Adam Cole & The Young Bucks defeated The Forever Hooligans & TJP. Amazing match.
---The Windsor Star ran a piece today with comments from Dave Beachnau, the Detroit Sports Commission's Executive Director, noting that the city had lost the bid and would not host Wrestlemania 32.
Interesting to note in the article is that Beachnau claimed he was told in June Detroit would not be hosting the event when just several weeks ago, there was a minor uproar among some politicians in Windsor over potential money that would be spent to help bring the bid as part of a partnership with Detroit. There were also a number of local media articles discussing the event possibly coming back to the Motor City.
As we noted on PWInsider, there was also talk within WWE that 32 would likely be in Detroit, although no final decision had been made. The final decision was to be made before the end of August.
The article claims that Orlando, FL and Dallas, Texas were the other front runners for Mania 32. Orlando has been strongly pushing for a Wrestlemania return and even looked into upgrading the Citrus Bowl to assist with that process.
---SPOILERS: TNA IMPACT WRESTLING TAPINGS FOR SEPTEMBER 5
The following was taped on Thursday from Cleveland.
Xplosion: Eric Young def. Jay Bradley
TNA IMPACT Wrestling for September 5, 2013:
* In-ring segment with TNA Knockouts Champion Mickie James & ODB. Mickie says that she was bummed she didn't get invited to the VMAs, but has a consolation, which is a "MJA" award as Mickie shows off a small star trophy. Mickie then attacks ODB with the trophy. ODB makes a comeback and rips Mickie's shirt off, sending her fleeing from the ring.
* In-ring segment with TNA Champion Bully Ray and Aces & Eights. Bully says Knux will face Chris Sabin, Brisco & Bischoff will face Storm & Gunner and Anderson will take care of things in the Gauntlet.
1. Knux def. Chris Sabin by DQ.
* Bully Ray, who stayed at ringside, threw Knux the hammer while he distracted the ref. Sabin stopped Knux, grabbed the hammer and nailed Knux with it. However, the ref spotted Sabin hitting Knux with the hammer and DQ'd him.
2. AJ Styles won the Bound for Glory Series Gauntlet match, last eliminating Christopher Daniels to earn 20 points in the Bound for Glory Series, putting him in first place.
3. Wes Brisco & Garett Bischoff def. TNA Tag Team Champions James Storm & Gunner after Brisco hit Gunner with brass knucks.
* Afterward, Brisco & Bischoff motioned they want the TNA Tag Team Titles.
* In-ring segment with the final four in the Bound for Glory Series, which was AJ Styles, Austin Aries, Magnus & Bobby Roode. AJ was allowed to pick his opponent for the September 12th "No Surrender" show and he chose Austin Aries. So its Aries vs. Styles & Magnus vs. Roode in the Semifinals of the Bound for Glory Series on September 12th.
* Backstage segment with Bully Ray ripping on Mr. Anderson for not winning the Gauntlet match.
* Before the main event, Bully Ray says he will not defend the TNA Title against Sting because of the stipulation from Slammiversary where if Sting lost, he could never challenge for the TNA Title again. Hulk Hogan comes out and while the match is kept as a Non-Title match, he bans Tito Ortiz from ringside and makes the match No DQ.
4. Sting def. TNA Champion Bully Ray w/Brooke Tessmacher & Mr. Anderson in a No DQ Match. Aces & 8s got involved at one point, but the Main Event Mafia ran out to clear them from the ring. Towards the end, Bully asked Anderson to give him the hammer while Sting had him in the Scorpion Death Lock, but Anderson refused and Bully tapped out.
* Afterwards, Anderson got in Bully's face and ripped on him for not getting the job done. Anderson said on September 12th, he will face Bully Ray for the TNA Title. Anderson did his usual spiel to close.
Xplosion: Kazarian def. Hernandez
PRO WRESTLING EVENTS FOR SUNDAY SEPTEMBER 1,2013:
WWE @ Verizon Center in Washington, DC
APW @ Yost Theater in Santa Ana, California
BIG @ Taco Loco Restaurant in El Paso, Texas
CPW @ Big Bear Lake Community Building in Bruceton Mills, West Virginia
GALLI @ 5 Star Swap Mart in Villa Park, Illinois
HKW @ San Lorenzo Club in Cleveland, Ohio
IPW @ Marchesa Hall & Theatre in Austin, Texas
IWL @ Masonic Hall in Monrovia, California
NAWA @ Springfield Fairgrounds in Springfield, Maine
NSPW @ Chava's Cafe in Los Angeles, California
OVW @ Davis Arena in Louisville, Kentucky
SPLL @ Kanijos Western Club in McAllen, Texas
TASW @ Armadillo Events Center in Houston, Texas
UWA @ Metuchen Sportsplex in Metuchen, New Jersey
UWF @ Bingo Hall in Georgetown, Kentucky
WCWC @ Houck Middle School in Salem, Oregon
WIF @ Goodwill Beneficial Association Building in Reading, Pennsylvania
AALL @ Arena Azteca in Torreon, Mexico
AULL @ Lopez Mateos Arena in Tlalnepantla, Mexico
CMLL @ Arena Coliseo in Guadalajara, Mexico
CMLL @ Arena Coliseo in Mexico City, Mexico
DJ @ Arena Jaguar in Monterrey, Mexico
FIPW @ Fusion Ichiban Arena in Mexico City, Mexico
IWRG @ Arena Naucalpan in Naucalpan, Mexico
LLD @ Arena Coliseo in Reynosa, Mexico
LLM @ Arena Solidaridad in Monterrey, Mexico
LLM @ Lee Roy Sports Centre in Torreon, Mexico
LLX @ Arena Xalapa in Xalapa, Mexico
LMX @ Arena Jalisco in Guadalajara, Mexico
LYC @ Arena Coliseo in Monterrey, Mexico
TYT @ Azteca Budokan Arena in Nezahualcoyotl, Mexico
WW @ Aragon Arena in Valle De Santiago, Mexico
FMLL @ Arena Guatemala-Mexico in Guatemala City, Guatemala
XNL @ Municipal Gymnasium in Santiago, Chile
DGPW @ KBS Hall in Kyoto, Japan
K-Dojo @ Blue Field in Chiba, Japan
MPW @ Higashinari Kumin Centre in Osaka, Japan
Osaka Pro @ Umeda Nasci Hall in Osaka, Japan
EAW @ Pemberton Centre in Rushden, England
HOPW @ Working Men's Club in Arnold, England
Progress @ The Bedford in London, England
PWP @ Corn Exchange Complex in Exeter, England