The crux of WWE's claims is the allegation that "to the extent that WWE is found liable to Plaintiff, WWE is entitled to indemnity [and contribution] from the Mayweather Defendants, to include recovery of all its attorney fees and costs it incurs in the defense of this action, as well as any amounts WWE may be required to pay as a result of a verdict arising from this action."
By way of background, as set forth in the decision denying the defendants' motion to dismiss for lack of personal jurisdiction, the facts of the dispute were as follows:
On March 30, 2008, Floyd Mayweather, Jr. entered an Orlando, Florida arena hosting WrestleMania 24 to the song “Yep,” a composition that Dash contends violates his copyright in a musical track entitled “TONY GUNZ BEAT.” WrestleMania 24 took place before a live audience of 75,000 and a pay-per-view and television audience of over one million. Dash represents that untold numbers of WWE enthusiasts and Mayweather fans have purchased the Wrestlemania 24 DVD, and viewed clips of Yep on YouTube.com. Dash alleges that WrestleMania 24 was advertised and broadcast in South Carolina, and purchased on pay-per-view by South Carolina residents. Dash also alleges that South Carolina consumers have purchased WrestleMania 24 DVDs at brick-and-mortar retail stores in South Carolina as well as online stores (in which case the DVDs were shipped to South Carolina). On August 24, 2009, Mayweather guest-hosted a WWE event entitled “RAW” in Nevada, at which Yep again accompanied Mayweather’s entrance to the arena. Dash alleges that RAW, and the infringing content therein, was advertised, broadcast, consumed on pay-per-view, and purchased on DVD by residents of South Carolina in South Carolina.In its cross-claims, WWE points the finger at Leonard Ellerbe and, by extension, the Mayweather Defendants for allegedly substituting "Yep" for a song by "50 Cent" that WWE had planned to use for Mayweather's ring entrance.
Specifically, WWE alleges as follows:
WWE originally planned to use a song by “50 Cent” in conjunction with Floyd Mayweather’s entrance/appearance in WRESTLEMANIA XXIV. The night before WRESTLEMANIA XXIV, however, Ellerbe handed WWE’s Vice President, Music, Neil Lawi, a CD and requested that WWE play the song on that CD in connection with Mayweather’s entrance. The song on the CD was a recording of “Yep.” At the time, Mr. Lawi asked Ellerbe whether Mayweather owned all rights to the song. Ellerbe responded that Mayweather did own all rights to the song and that Mayweather granted WWE the right to use the song in connection with the live broadcast of WRESTLEMANIA XXIV as well as any rebroadcast or reuse of WRESTLEMANIA XXIV on home video, television, internet or otherwise.Fight Lawyer
