FYI-Shawn Michaels began his career as a wrestler in 1984. I think you are correct in that the first user of the name gets it. Interestingly enough the World Wrestling Federation was hit with a trademark/domain suit by the World Wildlife federation last year and lost. The judge ruled that WWF wrestling had to change their name…hence they are now called World Wrestling Entertainment (WWE).
Now who the hell has ever confused the white wrestler with the black porn star? And you are again correct…ratings gold is thar in that story.
My suggestion…they settle in a Pay Per View match, steel cage with anything goes. Sean gets beat down early, but shows some signs of life, refusing to give in. As Shawn struts around the ring, one of the porn starlets Sean has as valets tosses a steel dildo into the ring. Sean hits Shawn over the head, rolls him up and gets the pin!
Ya know-wouldn’t be surprised to see that happen. WWE is known for pulling stunts like this…create an issue with a celebrity, have it ”settled” on TV, then an ensuing match take place. Pro wrestling has been associated with porn in the past….maybe this is a work after all.
As you said…ratings gold.
BREAKING!: ONLY ON MIKESOUTH.COM
Shawn Michaels sends Sean Michaels a cease and desist:
The wrestler Shawn Michaels has sent a cease and desist to Sean Michaels demanding that he not use that name. The wrestler (real name Michael Sean Hickenbottom) is claiming to own the trademark and wants Sean Michaels to relinquish the name and the website www.seanmichaels.com.
Look for this to grow into a media event, it has all the trappings of good tabloid TV. A Black guy and a white guy, a wrestler and a porn star, ratings gold.
Word is that Sean (The pornstar) is going to counter sue and ask that Shawn (the wrestler) use another name.
I’m no legal authority but my basic copyright law knowledge tells me that whoever had the first commercial use owns the trademark, registered or not..
I believe that they both actually started using the name around the same time….the mid 1980s but my gut tells me that Sean the pornstar beat Shawn the wrestler to the punch by a few years.
If my college classes from years ago on patent and trademark law were correct there is also a stipulation that if you do not attempt to protect your trademark it can fall into public domain, so waiting 15 years or more to try and strip Sean of his name prolly won’t sit well in the judges eyes.
My prediction both guys will still use the name and Sean will keep his website.
Sadly it is gonna cost Sean to defend this attack. If there is justice Shawn should have to pay all attorneys fees and court costs if he looses…Indeed I expect he is trying to bully Sean into giving up the name by out spending him.
I have Blacks and Blondes #20 from Western Visuals released in 1985 as Seans earliest use of that name.
