Possible TNA & WWE Legal Battle Over Ric Flair

[Martin Gabriel]

Source: The Wrestling Observer Newsletter

While the general consensus among sources seems to be that TNA will allow Ric Flair to appear at WWE’s Hall Of Fame ceremony this year without voiding his contract, there is one lingering issue. The argument could be made that TNA has the legal right to sue WWE — if they choose to — since WWE has been using a contracted TNA performer to draw ticket sales and DVD sales for the ceremony. Ric Flair is being inducted this year as a member of The Four Horsemen.

TNA hasn’t made any decision yet regarding possible legal action against WWE. It’s possible TNA could work out a deal where WWE would pay them a settlement for their usage of Flair.

Flair said in an interview last week with Mike Mooneyham that he will be allowed to talk for seven minutes at the ceremony. He said TNA turned on RAW backstage at the Impact tapings so Flair could see WWE’s announcement regarding the Horsemen in the Hall Of Fame. “It’s amazing. It’s very cool. The whole TNA crew was watching the vignette. I started crying when they aired it,” Flair said.

For what it’s worth, Flair has told a few people privately that his appearance at the 2012 WWE Hall Of Fame ceremony isn’t a done deal yet, and there are still “technicalities” to work out. All signs point to Flair being allowed to appear without voiding his TNA contract, it’s just the financial compensation that hasn’t been worked out yet.

TNA can't sue WWE. WWE is allowed to do whatever they want with the footage of Flair they own. As much as it seems like it they aren't actually advertising Flair for the show they're just saying he's going to be honored and there's nothing TNA can do about that. Now if they released a flyer with a picture of Flair from TNA saying he's going to appear at the HOF ceremony then TNA can sue them for using their contracted performer to draw extra money.

 

[a0161613]

Of course they can sue them, I think it's ridiculous to assume that they cannot. He is their contracted talent so if they show him on camera or advertise him, it's a big deal and it's a WWE balls-up.

The simple way around it is not to show him on camera but I'm not sure who would induct them if Flair doesn't do it.

 

[shattered dreams]

Not showing him on camera doesn't work either IMO since people buy tickets to the event. If he appears TNA definitely is entitled to something. I suspect they will work out a deal where they get most of what Flair is entitled to. It will be interesting if WWE will go along with that though. If not this could get ugly and I am sure TNA will end up being the one that takes the brunt of the fan reaction even though the others are the ones clearly in the wrong and TNA is doing more than they have to by even considering it.

 

[Mustang Sally]

Of course they can sue them, I think it's ridiculous to assume that they cannot. He is their contracted talent so if they show him on camera or advertise him, it's a big deal and it's a WWE balls-up.

WWE surely knows better than to try and get around a signed contract. Flair is contracted to TNA and there's no way WWE will use him in any capacity (except footage they already own) without getting a release from TNA. If they don't get it, then Flair doesn't appear. But what will it take to get it?

It occurs that only someone with the legendary status of Ric Flair could cause something like this to even be considered. The only other two wrestlers I can think of that might merit the same consideration are Bruno Sammartino and Terry Funk (if they were under contract to other wrestling organizations). With anyone else, WWE wouldn't even bother.

But what would cause TNA to issue the release? Money?..... WWE might tell TNA that letting Flair appear on their nationally televised ceremony would be worth more in publicity to the junior organization than money.....and they might be right.

Then, the risk is run that Flair could start talking up his current employer during the ceremony. Yeah, they could cut off his mic, but what happens then? Does WWE send out the boys to beat Flair up for real? Maybe they send Beth Phoenix; that would destroy Flair's reputation for good, no?

Then, there's the risk TNA takes if they refuse Flair permission to appear at WWE HOF, possibly because the two companies can't agree on compensation. Yes, TNA owns the upper hand in that situation, but they might anger Flair.

How important is Nature Boy to TNA? If he's not that vital to their plans, would they just release him from the company if this starts getting to be too much of a pain in the butt about this? Or would they just not let him attend the ceremony and let him stew about it? TNA has already seen evidence of the hissy fits he throws when he doesn't get his way.

I say, if TNA is smart about it, they sign the release and let Flair appear in WWE without any compensation attached. They love making reference to WWE on the air anyway.....this would be a good way to have WWE indirectly make reference to them. Go with it, Dixie.

 

[shattered dreams]

But what would cause TNA to issue the release? Money?..... WWE might tell TNA that letting Flair appear on their nationally televised ceremony would be worth more in publicity to the junior organization than money.....and they might be right.

I don't see how Flair merely appearing is worth anything to TNA in publicity. If WWE didn't ask TNA before airing the footage announcing this induction then they effectively gave that publicity away for free anyway. It isn't like dirtsheet publicity means anything to TNA anyway. All those people already know Flair is in TNA. If anything it is negative publicity in those sources because it makes TNA look second rate, not to mention it sends a questionable message to the people working in TNA. Maybe next time WWE runs a Sting promo and they have to let him go get a payday a Wrestlemania. It is a slippery slope at best. If they let them actually promote TNA on the show or run a commercial showing Flair is working there then maybe that makes a little more sense. Something I doubt Vince would be likely to ok though.

Then, the risk is run that Flair could start talking up his current employer during the ceremony. Yeah, they could cut off his mic, but what happens then? Does WWE send out the boys to beat Flair up for real? Maybe they send Beth Phoenix; that would destroy Flair's reputation for good, no?

And how can TNA be sure Flair won't start talking down their company on air? Flair is too professional/broke to do what you suggest to WWE and the horsemen. If WWE had any worry about that then they would not have started this whole process in the first place.

Then, there's the risk TNA takes if they refuse Flair permission to appear at WWE HOF, possibly because the two companies can't agree on compensation. Yes, TNA owns the upper hand in that situation, but they might anger Flair.

How important is Nature Boy to TNA? If he's not that vital to their plans, would they just release him from the company if this starts getting to be too much of a pain in the butt about this? Or would they just not let him attend the ceremony and let him stew about it? TNA has already seen evidence of the hissy fits he throws when he doesn't get his way.

It is a concern but it sends a bad example to cater to him as TNA has been moving in a new direction somewhat recently and there is already a lot of bad blood between TNA's guys and the legends (Flair being one of the worst offenders). Maybe TNA ends up using this as a chance to get out of what they owe him if they don't think he is worth it anymore. Flair might have to decide if he wants to keep getting paid in TNA because Vince hasn't shown much interest in giving him such a deal.

I say, if TNA is smart about it, they sign the release and let Flair appear in WWE without any compensation attached. They love making reference to WWE on the air anyway.....this would be a good way to have WWE indirectly make reference to them. Go with it, Dixie.

I'll file this under fanspeak. I'd say this is the only thing that TNA could do that would not be smart. Doing nothing sets a bad precedent and sends a crappy message to their roster and others.

 

[harrythem]

TNA will probably get something out of WWE from this (money or otherwise) but, to me, I don't think they'd be silly enough to take legal action.

Yeah they're in the right but, as has been said, fans would hate them for not letting Flair appear at the HOF....plus, as many smaller promoters learnt in the 80s, it's best to get Vince McMahon set on one of his petty vendettas against you (and I don't think Hogan et all would want to burn their WWE bridges by doing so anyway).

 

[lil bitch Kid]

The WWE is inducting the Four Horsemen. They are not inducting Roc Flair. If the WWE wants to use their owned footage of the Horsemen, including Flair, they can do so. As long as they do not promote Flair as being inducted, and continue to promote The Horsemen as being inducted, they cannot be sued. the argument will be that it isn't Flair that is selling the tickets, but the Horsemen that are selling the tickets.

As for whether or not he can be shown, well, that's where it gets grey. Remember a few years back when some E contracted talent ( I can't remember who it was off the top of my head) attended an Impact taping during Mania weekend and got caught on camera and it was shown, the WWE wasn't able to sue for that. If he goes out and talks as a TNA talent, there'd be shit to pay. The problem is that WWE isn't branding themselves as a wrestling company, and the HoF isn't a wrestling show, so I'd assume that TNA won't have much to say. they can't get mad and release him like the E did in the other case, but not too much else.

 

[Trill Co$by]

Okay, I'll ask the question...

What finances are there to compensate? HoF Ceremony will be in MIAMI... that's really only a few miles from Orlando and doesn't cost but a tank of gas to get there and back. I think Flair's just saying this all to get fans wild up, he is afterall, the master of such ability.

Still, I wouldn't expect TNA to take action. Especially since Flair being AT the hall of fame will have casual fans wanting to know where Flair's been. And from there, TNA will gain much more revenue and viewers.

Besides, maybe Gunner can tag along with Flair and get signed to a developmental contract. Screw what everyone else says, Gunner has money written all over him and if WWE doesn't see that then they really need to pull out of Cena immediately.

 

[Davi323]

Of course they can sue them, I think it's ridiculous to assume that they cannot. He is their contracted talent so if they show him on camera or advertise him, it's a big deal and it's a WWE balls-up.

The simple way around it is not to show him on camera but I'm not sure who would induct them if Flair doesn't do it.

You mean kind of like how Robbie McAllister (Derek Graham Couch) was shown in the audience of a TNA TV taping in Orlando Wrestlemania weekend while under contract with the WWE, and TNA going out of their way to not only show him on camera, but to point out that he was in fact, a WWE Wrestler?


I don't know, if TNA were to file any sort of lawsuit, it seems to me that the WWE would have that video handy...to demonstrate that TNA is the pot calling the kettle black. If anything, TNA owes the WWE a freebie.

 

[Nick Black]

You mean kind of like how Robbie McAllister (Derek Graham Couch) was shown in the audience of a TNA TV taping in Orlando Wrestlemania weekend while under contract with the WWE, and TNA going out of their way to not only show him on camera, but to point out that he was in fact, a WWE Wrestler?

I don't know, if TNA were to file any sort of lawsuit, it seems to me that the WWE would have that video handy...to demonstrate that TNA is the pot calling the kettle black. If anything, TNA owes the WWE a freebie.

The fact is, WWE couldn't sue TNA for that because they did use his actual name to avoid any conflict. It was a low handed move, no doubt, but technically, they did nothing that would breach contract.

WWE has rights to show Flair footage, but they do need the nod from TNA/IW and I'm sure they're going to get that. TNA wouldn't dare upset Flair once again because they know how that turns out...

 

[Davi323]

The fact is, WWE couldn't sue TNA for that because they did use his actual name to avoid any conflict. It was a low handed move, no doubt, but technically, they did nothing that would breach contract.

WWE has rights to show Flair footage, but they do need the nod from TNA/IW and I'm sure they're going to get that. TNA wouldn't dare upset Flair once again because they know how that turns out...

Well, then all the WWE needs to do is identify him as Richard Fliehr and they should be fine, then, right? Hell, since it's pronounced the same, they can even just say it like Ric Flair, as long as the text graphic identifying him gives his real name.

It's also possible that Richard Morgan Fliehr owns the COMPLETE rights to his wrestling name, ie, it's not TNA's intellectual property in the slightest, and the WWE can identify him as Ric Flair, period.

 

[FlairFan2003]

1st, vince and wwe are pretty smart, they know the bad PR of inducting The Horsemen w/out Flair. Mite as well induct DX w/out HBK or NWO W/out Hogan. Plus, they aired footage of Flair all over Raw and online, the implication that he will be there.
Now there are legal issues re: Flair being under contract to TNA & appearing on WWE event. Seriously, dont you think WWE already was ready for this, when has Vince ever promoted an event w/out knowing for sure who was coming ? Vince is the smartest guy in the biz, if he plans on using Flair, and conventional wisdom says he almost has too, dont you think he is prepared ?
If Vince didnt think he needed Flair it would have made more sense to induct The Horsemen last year in Atlanta, WCW's backyard, if you're not getting Flair why wait till after you leave WCW country to induct them ?
I totally think WWE has a plan and believes Flair will be there, they are just too business smart to do it any other way. Finally Arn Anderson is a WWE employee, as is HHH, 2 of Flair's best buds, do you think Vince would risk bad blood w/ them by disrespecting Flair by inducting The Horsemen and keeping The Nature Boy away ?