AEW’s Luchasaurus’ lawyers file a motion to dismiss CFX amended complainant in mask lawsuit

AEW and Austin Matelson, better known as Luchsaurus, are still in a legal battle with CFX over a mask design.

Last month, AEW filed a motion to dismiss five of the six counts raised by CFX after they claimed similarities between a mask they created and the mask used by Matelson. CFX filed an amended complaint alleging Matelson had another mask maker create a similar mask to their copyrighted work. CFX claims that it is a breach of contract. Judge Fallon later approved the filing of CFX’s amended complaint.

Brandon Thurston of WrestleNomics reports that on April 7, Matelson’s lawyers filed a motion to dismiss the complaint due to their failure to state a claim.

His lawyers stated CFX failed to plausibly allege that the changed versions of the Luchasaurus mask aren’t “substantially similar” to the one they have copyright of, “Viper Silicone Mask.” They also submitted two photos as evidence 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.”

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