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jAkUp
07-26-03, 10:10 PM
from ve3d:

Retired World Championship Wrestling professional Maxx Payne filed a $10 million lawsuit against a group of video software developers for allegedly stealing his persona to create the game "Max Payne."

The lawsuit was filed last week in U.S. District Court against Rockstar Games Inc., 3D Realms Entertainment, Gathering of Developers and Remedy Entertainment Ltd.

"I left wrestling to come home to Utah and be with my family and I find myself in the biggest battle of my life — to save my identity," said the ex-fighter, whose real name is Darryl Peterson. "They stole something from me that I'm not going to give up."

Peterson said he introduced the Payne persona_ also known as Maximum Payne, Max Pain and Lucifer Payne — in 1988, and uses it in commercials, voice-overs and movies.

:confused:

what a dumass

saturnotaku
07-26-03, 10:13 PM
I'll have to fill-in my professional wrestling-loving co-workers on this one.

PsychoSy
07-26-03, 11:19 PM
To an extent, I can't blame him and can understand his frustration. Whenever I hear the name "Max Payne", I always think of WCW's first "Spring Stampede" PPV where the best match of that PPV was a grueling tag match - Maxx Payne & Cactus Jack Vs. The Nasty Boys. It was a match that proved Peterson was 5-star material. With his "Payne-Killer" finisher, he was a vicious brawler like Cactus Jack and he often used such lines as "Steppin' in the ring with me is a headache waiting to happen...but I'll bring ya some Payne-Killer, punk!!!" in his promos.

During the mid 1990s, he jumped ship to the WWF. Vince McMahon purely mishandled Peterson by changing his name to "Man Mountain Rock" - a very stupid gimmick right up there with T.L. Hopper. Under this gimmick, Peterson would have dreadlocks in his hair, wore tons of psychedelic clothing. The only redeeming quality of the gimmick came when Peterson entered the ring and played his own entrance music LIVE on guitar as he's a very accomplished Blues guitarist outside of the ring.

He didn't last long in the WWF as Man Mountain Rock and went back to WCW sporting "Maxx Payne" again but when WCW came on hard times, Peterson was viewed as "just a mid-carder" and got cut. Apparently, he's been on the indy circuit ever since.

I expect some kind of settlement out of this because I see Peterson's case has alot of merit to it and Remedy would be fools taking him on, especially in light of everything Peterson has accomplished in wrestling.

jAkUp
07-26-03, 11:24 PM
eh, i guess im too young to remember maxx payne... i was like 10 in the early 90's:D

Smokey
07-27-03, 06:11 AM
Only in America :D

silence
07-27-03, 06:26 AM
Originally posted by Smokey
Only in America :D


so true......btw, wrestling?hi hi hi....career there?...hi hi hi.....
he can't be serious:D

Pafet
07-27-03, 06:27 AM
LOLOLOLOLOL

good one

CaptNKILL
07-27-03, 02:27 PM
... then of course there is the whole ITS NOT SPELLED THE SAME WAY, AND "MAXX PAYNE" WAS GONE 10 YEARS BEFORE "MAX PAYNE" WAS RELEASED.

According to this guy, any name or title that was ever used is now illegal to use by anyone, EVER.... even if it isnt spelled the same way!

I can understand if this guy was using the Max Payne (one x)name in the late 1990s to early 2000s, but come on! Hes been washed up for a decade!

PsychoSy
07-27-03, 03:58 PM
It's a known practice in the wrestling business where when one wrestler jumps ship to another competing organization, slightly altering the name of that wrestler is a good way to get around trademark loopholes.

For example, when Jim Tazeillo jumped from ECW to WWF, he couldn't use the same "Taz" moniker as it was ECW's intellectual property. McMahon's answer to that was to simply add an extra Z! The result - "Tazz". However, things like this can get sticky like when Ray Traylor jumped from WWF to WCW. Turner brass kept the gimmick the same but simply called him "The Boss". McMahon promptly issued a cease & disist to WCW because the moniker and gimmick was too close to Ray's WWF gimmick - "The Big Boss Man"! As a result, WCW went with his original UWF gimmick - "Big Bubba Rodgers". Even though the WWF owned UWF at one time, it went defunct, and WCW was safe from further litigation. In other instances, trademark lawsuits can get petty heated as James Hellwig battled WWF for years over the "Ultimate Warrior" name and mask logo (speaking of Hellwig, he legally changed his birthname to Warrior a few years ago and spends a lot of time being a public speaker for many Coverservative political movements).

It would be a stretch to not assume Peterson didn't use "Max Payne" (one X) on a number of occasions because the practice is so much a given in the wrestling industry, especially if a WCW or WWF wrestler in those days asked permission to appear on the card of an independant or overseas federation. However the burden of proof here would lay on Peterson's ability to provide some form of evidence like a promotional card where he was billed as "Max Payne", testimony from former WCW office employees or independant promoters.

If Peterson - knowing how the wrestling business operates - neglected to trademark "Maxx Payne" or other slight variations of the name including where only one X is used, then he's a fool and can probably expect to lose the case.

CaptNKILL
07-27-03, 08:29 PM
So what if there is a REAL person named Max Payne and the game is made about him, with their permition, is the FAKE Maxx Payne still allowed to say "you stole my name!"?

I know this isnt the case, but obviously, the game doesnt have squat to do with a washed up wrestler. What Im getting at is, names are names, not a whole product on their own. If the Payne family named their son Max, are they breaking copywrite laws? What if he created something later and sold it with his name on it? Would he be sued for using "Maxx Payne's" name on a product?

Edge
07-27-03, 10:44 PM
If my real name is John Doe, does that mean I can sue the world for using my name everywhere?

CaptNKILL
07-28-03, 12:20 AM
You know what I should do to make LOTS of money?

Secretly copyright common terms\words. Like the word "battle". Then any game that ever comes out with the word "battle" in the title will have to either pay me or get sued. Im sure it doesnt cost much to copyright a simple word like that :)

Pafet
07-28-03, 04:15 AM
"windows" is copyrighted :D

Maybe I'll change my last name to Nukem and name my kid Duke
that would rule

BTW I know someone named Radeon (probably spelled differently). Russian name I believe

Kruno
07-28-03, 04:25 AM
My name is Radeon and my surname is 9700 Pro. :lol:

zoolap
07-28-03, 04:59 AM
But wrestling sucks... he should get no compensation for being associated with wrestling alone :D

Nearest wrestling gets to being interesting is some of the video games.

silence
07-28-03, 05:35 AM
Originally posted by zoolap
But wrestling sucks... he should get no compensation for being associated with wrestling alone :D

Nearest wrestling gets to being interesting is some of the video games.


not like ti's wrestling game...it has absolutly NOTHING to od with him.....

and wrestling?..ROFL.....circus not fighting....if u wanna see real fighting watch K1 or ultimate fighting where they acctually hit each other.....

sytaylor
07-28-03, 09:54 AM
His main argument is the likeness rights as well, apperentley his gimmick was very similar to the charachter in the video game, kind of dark and brooding. Very vengeful..

vampireuk
07-28-03, 12:53 PM
Can we launch a counter suit then since we had to listen to his rants?

Sazar
07-28-03, 12:58 PM
Originally posted by sytaylor
His main argument is the likeness rights as well, apperentley his gimmick was very similar to the charachter in the video game, kind of dark and brooding. Very vengeful..

if he looked like max payne in the video games he must have been one of the skinniest wrestlers in history...

BUT if he could do his jumps/kicks and what not in bullet time... I would have nuff respect for him... :D

PsychoSy
07-28-03, 07:17 PM
Uh-oh...look what I found! An Interview done with Peterson about a year ago. Here's a brief snippet...

Pinfalls: How did the name ‘Maxx Payne’ originate?

Maxx: Actually, it started back in the Max Headroom days, who was the spokes-person for Coca-Cola in the mid-80s. I loved Max Headroom ... I though the show was great. Prior to that, I had done a show called ‘Bob Uekker’s Wacky World of Sports,’ and it was an out-take show like ‘America’s Funniest Home Videos’ ... and [they] were always looking for funny little anecdotal things to do on top of the funny video they had. One particular time, [they] came to me and wanted to do something for the next week’s show where I was a wrestler ... and there was the littlest character [as my opponent]. He asked what I wanted to use for a name and I said, ‘How about Lucifer Payne?’ and his response was, ‘Wow, that’s pretty intense.’

At it was supposed to be a character--a fun thing--so I started thinking about Lucifer Payne and thought it was a little bit too extreme. And at the time I was thinking about my name, a commercial with Max Headroom came on. And I went ... ‘Max Payne!’ Ah, There it is right there ... ‘Maximum Pain.’ So, I did the Max Payne thing and a friend on the road said, ‘Why don’t you change it to two Xs?’ and the rest is history so-to-speak.

Anyone wanting to read the full interview...

http://www.pinfalls.com/maxx.html

Since leaving wrestling in the mid-90s, he's done commericals and voice overs, movies, etc. using the "Maxx Payne" name and persona he originally brought to the ring. WCW brass thought that his dark, fim noir look was too grungy and dirty to sell. They were idiots because now, everybody in wrestling has a dirty, grungy, noir appearance (especially Matt & Jeff Hardy) and Peterson began this whole thing long before Kurt Kobain and Marilyn Manson. He also done a documentary for HBO's Real Sports regarding the recent surgeance of deaths among professional wrestlers 45 years and younger which included commentary from Vince McMahon and Roddy Piper. HBO credited Peterson's writing and directing as "Maxx Payne".

He's got a case, no question about it!

His main argument is the likeness rights as well, apperentley his gimmick was very similar to the charachter in the video game, kind of dark and brooding. Very vengeful...

Oh, he looked freakin' cool - he was HUGE and MEAN - he wouldn't lay down for any of the established clicks in wrestling, either. Backstage, he'd sit with the jobbers instead of schmoozing with the various cliques (Hogan, Nash, Hall, HHH, HBK, etc.) Very down-to-earth, biker-type of a guy. Some of his greatest matches took place in Europe and almost all of them were hardcore matches called "Irish Street Fights" where he and Cactus Jack along with well-respected (and ligitmate) brawlers like Fit Finley and Steven Regal would just beat on other with everything but the kitchen sink. They'd brawl on picnic tables, scaffolds, beer tents - all over the freakin' venue. In other words, every single one of these matches looked like the last 45 minutes of John Wayne's "The Quiet Man".

Back home in the states, he'd sling some of the bigger wrestlers all over the joint, especially Vader, and Vader's a big boy! Backstage, Vader didn't care about the tiny guys, the jobbers, the rookies, etc. He was a bully, practically, and if he didn't think he could take someone in a real fight (HHH, Kevin Nash, Dan Severn, Shamrock, etc) he was wise not to talk trash. But he'd always pick on someone he felt was beneath him and Payne was one of them. Vader was eventually booked to wrestle Payne and - JESUS - Payne slung Vader around like a ragdoll.

I enjoyed the wrestling of the mid-90s - before the big explosion with the nWo, Stone Cold, and The Rock - because some of the mid-carder type guys like Maxx Payne, Adam Bomb, and Crush just were fun to watch and I believe Maxx Payne was the cream of the crop. WCW and WWF should've pushed him to the freakin' moon!

sytaylor
07-29-03, 01:09 AM
Originally posted by PsychoSy
I enjoyed the wrestling of the mid-90s - before the big explosion with the nWo, Stone Cold, and The Rock - because some of the mid-carder type guys like Maxx Payne, Adam Bomb, and Crush just were fun to watch and I believe Maxx Payne was the cream of the crop. WCW and WWF should've pushed him to the freakin' moon!

Thats true of a helluva lot of midcarders, then and today.. some of the best guys never make it near the title (eddie gurrero, benoit, rvd etc). Wrestling was awaiting an explosion in the mid-late 90s and stone cold was in the right place at the right time with the right "attitude".. In truth that could have been any number of guys, but stone cold did it as well as anyone could have..

CWB
08-01-03, 02:16 PM
Who gives a ****? I dont follow "wrasslin'", so I have no idea who this redneck is...but as far as Im concerned, they should be suing him for giving a good game hill-billy connotations.

CaptNKILL
08-01-03, 03:21 PM
Originally posted by CWB
Who gives a ****? I dont follow "wrasslin'", so I have no idea who this redneck is...but as far as Im concerned, they should be suing him for giving a good game hill-billy connotations.
lol

I dont know what this has to do with Rednecks (most wrestling fans I know are far from rednecks), but it was still funny... hahaha

:rofl

PsychoSy
08-01-03, 03:54 PM
Originally posted by CWB
Who gives a ****?

If you didn't, you've wouldn't have clicked the topic let alone posted in it. Regardless of that, this could set an interesting legal precedent depending on how it pans out. But it seems most people think that it's perfectly fine for multi-million dollar industries to potentially infringe on another person's trademark or copyright if that person is business for himself. I don't see where the ethics (or lack thereof) of "big business" should hold some clandestine precedent over "the little guy". My view is whoever owns this trademark simply owns it - regardless if he's a venture capitalist, a pro-wrestler, or a pimp. The law is the law. And from the looks of things, the law could very well be on Peterson's side.

I dont follow "wrasslin'", so I have no idea who this redneck is...

Since when does Utah breed rednecks?

but as far as I'm concerned...

If you were George Lucas, would you not be fighting tooth and nail over your trademarks, copyrights, or intellectual property? If so, then why should Darryl Peterson's case be any different?