Post by flame3169118 on Aug 2, 2017 15:24:16 GMT -5
As Michael Corleone once said, “Just when I thought I was out...”
We’re not even a week removed from Anthem/GFW President Ed Nordholm saying he was done negotiating with the Hardyz over rights to the “Broken” gimmick, with Nordholm emphatically stating his company owns the intellectual property:
I don’t have to go to court to fight for [the IP]. We own it. If Matt brings an action to us that says we don’t own it, I guess we’ll defend ourselves, but I don’t intend to take any particular proceedings. I know I own it. I’ve got a contract that says I own it. I don’t have to go to court to fight for it.
He explains to SI’s Justin Barrasso why that’s their position, including denying Matt’s claims the Hardys funded production on Impact episodes focused on the gimmick like “Final Deletion” and “Total Nonstop Deletion”, defended his release of portions of Matt’s contract and stated the sides have never come to terms on transfering the IP to the Hardys.
Finally, he says GFW is focused on the future and will no longer address the Hardys or the gimmick:
I’ve stopped thinking about this. We have a show to put on, and a company and a brand. We’ve got things on our plate that are more important than sorting out the “Broken Brilliance.” I made a genuine effort to resolve something to benefit the Hardys as a goodwill gesture to Matt. It didn’t reach a conclusion and we’re moving on. We’re not going back to it, I’m not interested in opening a new dialogue, I’m not interested in opening another conversation about it. We made our best effort, it didn’t happen, and I’m not going to negotiate all over again
Maybe he wasn’t being completely honest, or maybe being turned down for some trademarks related to the act changed the legal landscape:
All four Broken Universe-related trademarks that GFW/TNA attempted to file with the United States Patent and Trademark Office have been given an initial refusal. According to the USPTO, the wordings used for identification and classification of goods and services in the initial filing were considered to be too broad. More reasons are listed below:
'Broken Matt' - There is confusion due to Matt Hardy's filing of a 'Broken Matt Hardy' trademark that he filed first. Because Matt filed first, GFW will need to provide valid arguments to show potential conflict between the two and then a decision would be made on Matt's application. GFW would also have to get Matt's consent if they indicate that 'Broken Matt' identifies a living person.
'Brother Nero' - The same living person rule applies here as Nero is Jeff Hardy's legal middle name.
'Broken Brillance' - This term was refused because GFW needs to specify whether 'Broken Brillance' has any significance in wrestling or if it's just a 'term of art' in wrestling.
'Vanguard1' - This was likely refused because of confusion with a non-wrestling related trademark.
Maybe the brothers have tweaked their act to get around the IP clause in their old contracts (#TRIGGERED Hardys?), or maybe Matt Hardy is just teasing us again.
Whatever the reason, in this Raw Fallout video, Matt and Jeff are both acting (to varying degrees) like the characters they portrayed on Impact Wrestling last year. And the elder Hardy’s Tweet promoting the clip flat out declares #BROKEN is “HAPPENING”
This Tweet from Matt Hardy:
REBORN by FATE ✔ @matthardybrand
The AWAKENING of ENLIGHTENMENT has begun..
YEEEEAAAAAAAAASSSSSS.....
GET WOKE!
12:03 PM - Aug 2, 2017
supports the notion that Monday night’s Raw Fallout video was the beginning of a gimmick tweak which would essentially allow The Hardy Boyz to use the “Broken” characters Global Force Wrestling claims to own under a different name.
While we prepare ourselves for the Woken Hardys, there are other questions this raises:
Was this the plan all along, or did GFW being denied some trademark claims inspire Matt to take this step?
Seeing as GFW President Ed Nordholm basically dared the Hardys to sue the promotion for the rights, is this their way of calling his bluff? As in, they’re not suing Anthem, but now Anthem is forced to expend resources trying to come after them and prove #WOKE is the same as #BROKEN?
Is Queen Rebecca coming to Raw?
We haven’t seen any of this on television yet, and seeing as Nordholm and company haven’t sued in response to similar allusions or outright uses of the disputed trademarks on social media in the past, that will be the next big step. But these teases, combined with Matt and Jeff’s Raw program with The Revival, certainly make it look like we’re almost there.
ENLIGHTENING!
(Just doesn’t have the same ring to it, as “DELIGHTFUL!”, does it?)
We’re not even a week removed from Anthem/GFW President Ed Nordholm saying he was done negotiating with the Hardyz over rights to the “Broken” gimmick, with Nordholm emphatically stating his company owns the intellectual property:
I don’t have to go to court to fight for [the IP]. We own it. If Matt brings an action to us that says we don’t own it, I guess we’ll defend ourselves, but I don’t intend to take any particular proceedings. I know I own it. I’ve got a contract that says I own it. I don’t have to go to court to fight for it.
He explains to SI’s Justin Barrasso why that’s their position, including denying Matt’s claims the Hardys funded production on Impact episodes focused on the gimmick like “Final Deletion” and “Total Nonstop Deletion”, defended his release of portions of Matt’s contract and stated the sides have never come to terms on transfering the IP to the Hardys.
Finally, he says GFW is focused on the future and will no longer address the Hardys or the gimmick:
I’ve stopped thinking about this. We have a show to put on, and a company and a brand. We’ve got things on our plate that are more important than sorting out the “Broken Brilliance.” I made a genuine effort to resolve something to benefit the Hardys as a goodwill gesture to Matt. It didn’t reach a conclusion and we’re moving on. We’re not going back to it, I’m not interested in opening a new dialogue, I’m not interested in opening another conversation about it. We made our best effort, it didn’t happen, and I’m not going to negotiate all over again
Maybe he wasn’t being completely honest, or maybe being turned down for some trademarks related to the act changed the legal landscape:
All four Broken Universe-related trademarks that GFW/TNA attempted to file with the United States Patent and Trademark Office have been given an initial refusal. According to the USPTO, the wordings used for identification and classification of goods and services in the initial filing were considered to be too broad. More reasons are listed below:
'Broken Matt' - There is confusion due to Matt Hardy's filing of a 'Broken Matt Hardy' trademark that he filed first. Because Matt filed first, GFW will need to provide valid arguments to show potential conflict between the two and then a decision would be made on Matt's application. GFW would also have to get Matt's consent if they indicate that 'Broken Matt' identifies a living person.
'Brother Nero' - The same living person rule applies here as Nero is Jeff Hardy's legal middle name.
'Broken Brillance' - This term was refused because GFW needs to specify whether 'Broken Brillance' has any significance in wrestling or if it's just a 'term of art' in wrestling.
'Vanguard1' - This was likely refused because of confusion with a non-wrestling related trademark.
Maybe the brothers have tweaked their act to get around the IP clause in their old contracts (#TRIGGERED Hardys?), or maybe Matt Hardy is just teasing us again.
Whatever the reason, in this Raw Fallout video, Matt and Jeff are both acting (to varying degrees) like the characters they portrayed on Impact Wrestling last year. And the elder Hardy’s Tweet promoting the clip flat out declares #BROKEN is “HAPPENING”
This Tweet from Matt Hardy:
REBORN by FATE ✔ @matthardybrand
The AWAKENING of ENLIGHTENMENT has begun..
YEEEEAAAAAAAAASSSSSS.....
GET WOKE!
12:03 PM - Aug 2, 2017
supports the notion that Monday night’s Raw Fallout video was the beginning of a gimmick tweak which would essentially allow The Hardy Boyz to use the “Broken” characters Global Force Wrestling claims to own under a different name.
While we prepare ourselves for the Woken Hardys, there are other questions this raises:
Was this the plan all along, or did GFW being denied some trademark claims inspire Matt to take this step?
Seeing as GFW President Ed Nordholm basically dared the Hardys to sue the promotion for the rights, is this their way of calling his bluff? As in, they’re not suing Anthem, but now Anthem is forced to expend resources trying to come after them and prove #WOKE is the same as #BROKEN?
Is Queen Rebecca coming to Raw?
We haven’t seen any of this on television yet, and seeing as Nordholm and company haven’t sued in response to similar allusions or outright uses of the disputed trademarks on social media in the past, that will be the next big step. But these teases, combined with Matt and Jeff’s Raw program with The Revival, certainly make it look like we’re almost there.
ENLIGHTENING!
(Just doesn’t have the same ring to it, as “DELIGHTFUL!”, does it?)