The legal conflict between AEW and Luchsaurus, a.k.a. Austin Matelson, and CFX continues over a mask design.
A motion to dismiss five of the six counts raised by CFX was submitted by AEW last month after the latter claimed there were similarities between a mask they produced and Matelson’s mask. In an amended complaint, CFX claimed that Matelson had another mask maker produce a mask that was similar to their copyrighted creation. It is a violation of the contract, according to CFX. The submission of CFX’s amended complaint was later authorized by Judge Fallon.
According to Brandon Thurston of WrestleNomics, Matelson’s attorneys submitted a motion to dismiss the complaint on April 7 due to failure to state a claim.
According to his attorneys, CFX failed to make a convincing argument that the modified Luchasaurus masks aren’t “substantially similar” to the one they own the copyright to, the “Viper Silicone Mask.” Additionally, they provided two photos as proof of the two masks.
“It is evident from these pictures that the Luchasaurus Mask differs from the Copyright Work in much more than simply the addition of horns,” the lawyers argued in the filing. “Most obviously, the Luchasaurus Mask is an entirely different shape, covering only the front part of the face above the mouth, rather than covering the full head with a cowl extending to the shoulders.”
