The legal battle over Video Killed the Radio Star just escalatedhard. In a new filing this week, Bubba the Love Sponges legal team fired back at the lawsuit brought by Nick Bollea and Terry McCoy, calling the entire case against him unsustainable and demanding it be thrown out.
The lawsuit, filed last week on behalf of the estate of Hulk Hogan (Terry Bollea), accused Bubbareal name Todd Clemof violating a previous settlement agreement, infringing on copyrights, and using trademarks without permission. The case stems from the controversial documentary centered on the Hulk Hogan sex tape scandal, which was screened in Tampa last Friday despite legal threats and a temporary restraining order from the court. Now Clem is pushing back hard. In a response filed Tuesday, his legal team called the TRO legally invalid:
One of the biggest points of contention is whether Bollea and McCoy even have the legal authority to file the suit in the first place. Clems attorneys argue:
The response also made it clear that Clem is not the producer of the film. According to the filing, the documentary is entirely controlled and distributed by Woltz Filmsa company that is not named in the lawsuit.
Clems legal team accused the plaintiffs of targeting him on purpose to bypass fair use protections and drag him into a lawsuit he has no business being in:
They also argue Clem has no involvement in the actual production process:
On the accusation that Clem violated a 2012 settlement agreement, his team isnt backing down. They say any statements made about Hogans health or death were fair game:
As for the films overall message, the response insisted Hogan is not the focal point:
Clems legal team is now asking the court to dissolve the TRO, dismiss the lawsuit entirely, and award them legal fees. Theyve also requested an expedited hearing before September 12 if the current TRO isnt thrown outand are pushing for the court to allow the film to proceed under fair use law if the case drags on.
This saga is far from over, but Bubba the Love Sponge has made it clearhes not rolling over.
Do you think Bubba the Love Sponge should be held responsible for the documentary, or is this lawsuit going too far? Please share your thoughts and feedback in the comment section below.
