Black Widow
04-07-2008, 09:43 PM
TNA FILES COUNTERSUIT AGAINST KONNAN IN RESPONSE TO HIS ALLEGATIONS OF NEGLIENCE, RACIAL DISCRIMINATION, AND TRADEMARK INFRINGEMENT
Total Nonstop Action Wrestling, in response to Charles "Konnan" Ashenoff bringing action against the company via EEOC, filed a complaint on 3/26 in the United States District Court, Northern District of Texas, Dallas Division, seeking declaratory judgment against the international star. For simplicity's sake, I will refer to Ashenoff simply as Konnan from this point forward.
[Note from Mike: PWInsider.com has not, as of this writing, been able to acquire a copy of the filing made by Konnan against TNA.]
TNA's 15 page complaint specifically rebuts charges of racism made by Konnan against the company as well as his 'bodily injury claims, racial discrimination claims and trademark claims' against the company while he was under contract to the company:
TNA claimed that in March 2008, they received "a demand letter" filed outside of the agreed upon jurisdiction of Texas, where Konnan "threatened suit" against the company because of the bolded claims made by Konnan (verbiage is from TNA's complaint, not Konnan's). TNA's responses to those claims appear following the bolded allegations.
a) Konnan's pre-existing hip injury became a chronic problem.
b)TNA negligently hired, trained and supervised its personnel and that negligence led to chronic renal failure due to Konnan's "ingestion of performance enhancing drugs and/or the illegal use of prescription medication while wrestling at TNA."
TNA's complaint claims that Konnan's signed Independent Contractor Agreements with the company noted that he understood the level of health risk involved in professional wrestling and by signing , "I (meaning Konnan) hereby waive, discharge and release any and all claims I have, may have, or that I may ever have in the future, against TNA, its parent and affiliates, and against all of their respective agents, officers, employees and directors....(The "TNA" parties) that arise from or relate in any way to my participation in the activity of professional wrestling or in any related activities, whether caused by the negligence of TNA or otherwise."
The same agreement noted that Konnan agreed that he or his estate would not file suit or assert any demands or claims for "liabilities or damages of any and all losses, injuries or damages of any kind" coming out of his participation in working for the company and that he would "assume full responsibility for any and all risk of personal or bodily injury, death or property damage" and that he would hold TNA harmless from any of the above.
Konnan's agreement also noted that he understood "injuries received may be compounded or increased by negligent assistance or procedures of the TNA Parties" and that he understood the agreement would extend to "all acts of negligence by the TNA Parties, including negligence in providing assistance."
*The agreements agreed that any issues that arose legally would be subject to the laws and regulation of Texas (where TNA Entertainment parent company Panda Energy is based), which is why TNA has filed the complaint there. I am not sure where Konnan filed his initial complaint, but it was not within the State of Texas.
c) Konnan "supposedly suffered from racial discrimination" in connection with having to portray the Konnan character.
TNA claims that Konnan signed an independent contractor agreement with the company in January 2004 and another in August 2005 and that he voluntarily entered into those agreements with full knowledge that he would be working "subject to TNA direction" and "knowing the contracts required him to portray characters of Hispanic origin, including the Konnan character."
TNA noted that Konnan, "believed to be Cuban-American" has been portraying himself as Hispanic The complaint read, "Despite assertions to the contrary, this was not a character which TNA created; rather, the "Konnan" character was a mix of several different wrestling characters created by Ashenoff and others over twenty years in the business. When Ashenoff first began providing services to TNA, TNA incorporated Ashenoff's existing character role into its dramatic story lines and scenes for the purposes of providing creative entertainment to its audience."
The company again pointed out that he had been working as that character "long before" he was an independent contractor with TNA later in their complaint when responding to Konnan claims that he was instructed to speak with a Spanish accent and/or slang, to hit another wrestler with a Tequila bottle, dress and adopt the characteristics of a Latino street gang, and was directed to use "racially charged" language towards a Caucasian wrestler. Konnan also alleged that members of TNA management used a number of racially insulting references to minorities, which I'm not going to reprint. TNA's response to that claim was that Konnan had been suspended prior to raising any issues of alleged racial discrimination, but that he complained the company was retaliating against him for making complaints of that nature.
TNA also responded that, "While Defendant suggests that he complained to TNA concerning racial discrimination, he continued to perform for TNA and to accept compensation from TNA rather than pursue other opportunities which he has admitted were readily available to him. Defendant continued to provide services to TNA, portray his "Konnan" character, and participate in the creatively developed storylines well after Defendant suggests those events took place. As is evidenced by his continued participation and his own previously existing character, Defendant was simply not offended by TNA's conduct."
TNA noted that Konnan took part in collaboration and development of the Konnan character's TNA storylines "which included creative elements related to racially-related topics as part of its entertainment and marketing." TNA claims that any "comments related to race" Konnan "allegedly heard, or participated in, were actually uttered, they were part of, and necessary to, the creative process" and were "facilitated by TNA's successful development of its entertainment product."
TNA noted that "like any entertainment role", they utilized Konnan's physical appearance because it met the character and storyline. "TNA did not treat the Defendant less favorably because of his race or subject him to a racially hostile environment. Instead this was an entertainment role Defendant chose to play and help create."
d)TNA was committing trademark infringement for their usage of the LAX logo.
In their complaint, TNA pointed out LAX was "a trio of Hispanic 'stage characters' created by Konnan and "other wrestlers." TNA also noted that in their 2005 agreement with Konnan allowed the company to use "original intellectual property", including trademarks Konnan owned prior to the agreement and any "new intellectual property" created after the execution of the agreement.
TNA is asking that the court award them damages based on Konnan's breach of his Independent Contractor Agreement with TNA, all attorney's fees and court costs, pre and post-judgment interest, a ruling that Konnan was never an employee and always an Independent Contractor with TNA, that all claims against TNA by Konnan and his estate be released, that TNA has the legal rights to the LAX name and trademark, and a number of additional claims that basically boil down to a ruling TNA did not violate any federal laws by placing Konnan into his on camera roles and backstage environment.
A court summons was issued to Konnan on 3/27, but as of this writing, has not been executed.
Note: Again, PWInsider.com has, as of this writing, been unable to acquire a copy of the filing Konnan has made against TNA.
PWInsider.com
Total Nonstop Action Wrestling, in response to Charles "Konnan" Ashenoff bringing action against the company via EEOC, filed a complaint on 3/26 in the United States District Court, Northern District of Texas, Dallas Division, seeking declaratory judgment against the international star. For simplicity's sake, I will refer to Ashenoff simply as Konnan from this point forward.
[Note from Mike: PWInsider.com has not, as of this writing, been able to acquire a copy of the filing made by Konnan against TNA.]
TNA's 15 page complaint specifically rebuts charges of racism made by Konnan against the company as well as his 'bodily injury claims, racial discrimination claims and trademark claims' against the company while he was under contract to the company:
TNA claimed that in March 2008, they received "a demand letter" filed outside of the agreed upon jurisdiction of Texas, where Konnan "threatened suit" against the company because of the bolded claims made by Konnan (verbiage is from TNA's complaint, not Konnan's). TNA's responses to those claims appear following the bolded allegations.
a) Konnan's pre-existing hip injury became a chronic problem.
b)TNA negligently hired, trained and supervised its personnel and that negligence led to chronic renal failure due to Konnan's "ingestion of performance enhancing drugs and/or the illegal use of prescription medication while wrestling at TNA."
TNA's complaint claims that Konnan's signed Independent Contractor Agreements with the company noted that he understood the level of health risk involved in professional wrestling and by signing , "I (meaning Konnan) hereby waive, discharge and release any and all claims I have, may have, or that I may ever have in the future, against TNA, its parent and affiliates, and against all of their respective agents, officers, employees and directors....(The "TNA" parties) that arise from or relate in any way to my participation in the activity of professional wrestling or in any related activities, whether caused by the negligence of TNA or otherwise."
The same agreement noted that Konnan agreed that he or his estate would not file suit or assert any demands or claims for "liabilities or damages of any and all losses, injuries or damages of any kind" coming out of his participation in working for the company and that he would "assume full responsibility for any and all risk of personal or bodily injury, death or property damage" and that he would hold TNA harmless from any of the above.
Konnan's agreement also noted that he understood "injuries received may be compounded or increased by negligent assistance or procedures of the TNA Parties" and that he understood the agreement would extend to "all acts of negligence by the TNA Parties, including negligence in providing assistance."
*The agreements agreed that any issues that arose legally would be subject to the laws and regulation of Texas (where TNA Entertainment parent company Panda Energy is based), which is why TNA has filed the complaint there. I am not sure where Konnan filed his initial complaint, but it was not within the State of Texas.
c) Konnan "supposedly suffered from racial discrimination" in connection with having to portray the Konnan character.
TNA claims that Konnan signed an independent contractor agreement with the company in January 2004 and another in August 2005 and that he voluntarily entered into those agreements with full knowledge that he would be working "subject to TNA direction" and "knowing the contracts required him to portray characters of Hispanic origin, including the Konnan character."
TNA noted that Konnan, "believed to be Cuban-American" has been portraying himself as Hispanic The complaint read, "Despite assertions to the contrary, this was not a character which TNA created; rather, the "Konnan" character was a mix of several different wrestling characters created by Ashenoff and others over twenty years in the business. When Ashenoff first began providing services to TNA, TNA incorporated Ashenoff's existing character role into its dramatic story lines and scenes for the purposes of providing creative entertainment to its audience."
The company again pointed out that he had been working as that character "long before" he was an independent contractor with TNA later in their complaint when responding to Konnan claims that he was instructed to speak with a Spanish accent and/or slang, to hit another wrestler with a Tequila bottle, dress and adopt the characteristics of a Latino street gang, and was directed to use "racially charged" language towards a Caucasian wrestler. Konnan also alleged that members of TNA management used a number of racially insulting references to minorities, which I'm not going to reprint. TNA's response to that claim was that Konnan had been suspended prior to raising any issues of alleged racial discrimination, but that he complained the company was retaliating against him for making complaints of that nature.
TNA also responded that, "While Defendant suggests that he complained to TNA concerning racial discrimination, he continued to perform for TNA and to accept compensation from TNA rather than pursue other opportunities which he has admitted were readily available to him. Defendant continued to provide services to TNA, portray his "Konnan" character, and participate in the creatively developed storylines well after Defendant suggests those events took place. As is evidenced by his continued participation and his own previously existing character, Defendant was simply not offended by TNA's conduct."
TNA noted that Konnan took part in collaboration and development of the Konnan character's TNA storylines "which included creative elements related to racially-related topics as part of its entertainment and marketing." TNA claims that any "comments related to race" Konnan "allegedly heard, or participated in, were actually uttered, they were part of, and necessary to, the creative process" and were "facilitated by TNA's successful development of its entertainment product."
TNA noted that "like any entertainment role", they utilized Konnan's physical appearance because it met the character and storyline. "TNA did not treat the Defendant less favorably because of his race or subject him to a racially hostile environment. Instead this was an entertainment role Defendant chose to play and help create."
d)TNA was committing trademark infringement for their usage of the LAX logo.
In their complaint, TNA pointed out LAX was "a trio of Hispanic 'stage characters' created by Konnan and "other wrestlers." TNA also noted that in their 2005 agreement with Konnan allowed the company to use "original intellectual property", including trademarks Konnan owned prior to the agreement and any "new intellectual property" created after the execution of the agreement.
TNA is asking that the court award them damages based on Konnan's breach of his Independent Contractor Agreement with TNA, all attorney's fees and court costs, pre and post-judgment interest, a ruling that Konnan was never an employee and always an Independent Contractor with TNA, that all claims against TNA by Konnan and his estate be released, that TNA has the legal rights to the LAX name and trademark, and a number of additional claims that basically boil down to a ruling TNA did not violate any federal laws by placing Konnan into his on camera roles and backstage environment.
A court summons was issued to Konnan on 3/27, but as of this writing, has not been executed.
Note: Again, PWInsider.com has, as of this writing, been unable to acquire a copy of the filing Konnan has made against TNA.
PWInsider.com