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Games Entertainment

Wrestler Maxx Payne Sues Game Publisher 98

Posted by simoniker from the max-power-also-upset-over-simpsons dept.
Ryan Barrett writes "The Associated Press reports that retired WCW wrestler, actor, and voice actor Maxx Payne is suing a group of game developers and publishers over the game Max Payne. In Payne's words, "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." This raises an interesting question: in most cases like this, we Slashdotters are quick to speak out in Payne's defense. But when the big bad corporations are game developers, do we still take the little guy's side?" Is this suit exposing a genuine rip-off, or is it just a naming coincidence?
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Wrestler Maxx Payne Sues Game Publisher More

Wrestler Maxx Payne Sues Game Publisher

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  • Disclaimer? (Score:3, Interesting)

    by Joff_NZ ( 309034 ) on Sunday July 27, 2003 @04:42AM (#6543544) Homepage Journal
    I don't know.. I haven't looked at Max Payne in a while, but doesn't it include a "Not based on real persons living or dead" type disclaimer in it? Such things have been on the credits of movies and TV shows for as long as I can remember...

    Perhaps its needed for games now, to avoid lawsuits like this?
    • It's a dispute over a trade mark, not any real name.

    • Re:Disclaimer? (Score:5, Funny)

      by Sentry21 ( 8183 ) on Sunday July 27, 2003 @05:46PM (#6546740) Journal
      The difference is that movies and TV shows accurately represent real life. For example, the only people who get killed in wartime are people who show pictures of their sweethearts back home, detectives always need to visit strip clubs during every investigation, and in every set of identical twins, one is always evil. This is why it's necessary to specifically say that the stories are fictional.

      --Dan

  • Took him a while (Score:5, Insightful)

    by RQuinn ( 521500 ) on Sunday July 27, 2003 @04:45AM (#6543548)
    If the game has done so much to steal his identity, then why has he waited two years since the game was released to sue?

    Hate to say it but my instinct says he probably saw the marketing push for the sequel and thought "Hey they're putting a lot of money into this... I should get my hands on some of it"
    • My thoughts exactly. This is not a new issue, though, as many people sue for royalties only after the game/movie/book that "threatens their identity" has hit it big. You rarely see them suing over some unknown game/movie/book that is sitting in the bargain bin at Hastings.....

    • Re:Took him a while (Score:5, Insightful)

      by Guppy06 ( 410832 ) on Sunday July 27, 2003 @10:03AM (#6544026)
      " If the game has done so much to steal his identity, then why has he waited two years since the game was released to sue?"

      Maybe because he's not a gamer and doesn't spend a few hours a week perusing on-line reviews or looking at what the local EB is selling?

      • Yeah, and I bet those game developers in Finland are just glued to the TV to watch cheesy American "wrestling". The suit is bogus.

        • No, but if their lawyers are any good, they would have done their homework to know that the name "Max Payne" was pretty close to something someone else is/was using.
          • Here is a question, did the Demo Final Reality (that features Max Payne billboards back in the mid/late 90's come out before this guy was in the WCW?
      • Maybe because he's not a gamer and doesn't spend a few hours a week perusing on-line reviews or looking at what the local EB is selling?
        And I don't watch professional wrestling, but if a professional wrestler appeared on the scene with my name, I suspect I'd hear about it -- finding it on google, see it on TNN accidently, or a friend would mention it. Same goes for race car drivers (there's already one with my last name! bastard!), astronauts and porn stars.
      • But then it can't have been that bad for him can it?
      • I'm sure he still keeps an eye on wrestling. I've seen quite a few Max Payne commercials for the PS2 ver. during wrestling commercial breaks over the last year or more.
    • It can't be easy to get things done if you keep going into slow motion to get round corners, I imagine it's quite tiring.

      Plus the guy must still be quite freaked out his wife and kid getting killed like that, poor guy. I bet his wrestling career will perk up a bit now. All he needs to do is drug McMahons dog and film himself fucking it in the ass or something, that will set up the big fight and Triple X can bring on one of those rubber fists and beat him to death with it right there in the ring.
    • But if the game had not been a hit people would not confuse the two mr. paynes and his identity would have been safe.

  • oooh yeee-ah! (Score:5, Funny)

    by Rhinobird ( 151521 ) on Sunday July 27, 2003 @05:08AM (#6543583) Homepage
    I will crush you peetiful geeks with my fearsome lawsuit. How DAAAREE you steal my name for your pathetic excuse of a game. I will take back what is mine and spread your crushed and dessicated remains before me.

    OOOOHHH YEE-AHH!

    (wrong wrestler, but it's what came to mind...)
  • I sincerely doubt it. Just because his pseudonym shares a likeness to a video game character's name isn't grounds for a lawsuit. It's pretty obvious this guy isn't concerned about his 'identity', however obscure it may be, as much as a little publicity to jumpstart his rasslin kuh-rear.
    • He's retired. He still calls himself Maxx Payne afterwards? Whatever. I still think it's a publicity stunt.
    • Well Jello Biafra was certainly pissed when california ruled that he wasn't allowed to run for mayor under his alias "Jello Biafra" and had to use his real name...

      For some people, their alias is what they're known by and might be just as important as their real name... Afterall it's what everybody know you as that count, if you ask me...

      • Pseudonyms and political office (Score:5, Funny)

        by Nakanai_de ( 647766 ) on Sunday July 27, 2003 @07:34AM (#6543824)
        Here in Japan, there's an ex-wrestler named the Great Sasuke who won a position in the Iwate Prefectural Assembly under his stage persona. There was a minor scandal because he wore his mask to the legislative sessions and the ruling party didn't like that. The bill to forbid wearing masks failed, though, so he still goes to work every day in a business suit and a full-face mask.

  • Huh? (Score:2, Interesting)

    by chendo ( 678767 )
    I thought it was named Max Payne for Max Pain...

  • I doubt it was intentional (Score:5, Insightful)

    by PurpleFloyd ( 149812 ) <`zeno20' `at' `attbi.com'> on Sunday July 27, 2003 @05:32AM (#6543629) Homepage
    It's just a really obvious pun, folks. Obvious enough that both a pro wrestler and game developers could come up with the name simeltaneously.

    As for the wrestler Mr. Payne, he might have had a case if he hadn't waited so damned long. I find it amazing that he didn't at least hear from someone something along the lines of, "Hey, I saw a videogame that had your old stage name on it! Cool, huh?"

    Even if he managed to not hear about it until now, you have to actively defend trademarks if you want to keep them. This means doing a modicum of research on your trademark - Googling it every month or so might not be a bad idea. He definatly would have had a case if he'd gone to the publishers before the game went gold, he might have had a (somewhat shaky) case if he sued right after the game hit shelves, but he doesn't have much of one now.

    Finally, I don't see how he is in a "battle to save [his] identity." Most people can discriminate between a pro wrestler and a game character; the hypothetical "reasonable person" appealed to so often in court cases like this one certainly could. Sorry, Mr. Payne, you ain't getting squat.

    Note: I'm not a lawyer, this isn't legal advice, contact a lawyer in your jurisdiction, you know the deal.

    • and it is quite obvious that the character in the game is not this pro wrestler(even though the face has a real life counterpart), not to mention that you don't follow wrestling that much in finland (and the name max payne was the projects name for years before release too).

      now, more intresting is why pron stars haven't sued my little ponies? or vice versa.

    • Re:I doubt it was intentional (Score:5, Interesting)

      by DrWho520 ( 655973 ) on Sunday July 27, 2003 @01:32PM (#6545255) Journal
      Most people can discriminate between a pro wrestler and a game character; the hypothetical "reasonable person" appealed to so often in court cases like this one certainly could.

      You would think so, but people apparently cannot [wptn.com] determine the difference between a buch of wrestlers [wwe.com] and a bunch of pandas [worldwildlife.org].
      • The primary reason the wrestlers lost that case was because they foolishly signed a settlement to get them out of court in 1994. The settlement limited the current WWE's ability to use the WWF mark outside of the United States. If they had not settled and had gone to court instead, they probably would have won, and would still be the WWF (World Wrestling Federation).
    • Heck, I'd be surprised if he didn't hear from at least someone about it, even long before the game was even a beta. The game was hyped no end. (And surprisingly enough, it turned out to be a good game nevertheless.) Trailers, tech demos, publisher interviews, whatever. Plus the fact that at least two 3DMark releases were based on its engine, and the whole "it's a synthetic benchmark" vs "but it's sorta based on a beta of the engine which may be used in Max Payne, so it's 100% representative of all real game
    • I'm going to have to say that I really think the wrestler (orignally born Darryl Peterson) is jumping into this for the money. I have met his son Derek before because one of my best friends used to play in a band with him. I just find this kinda sad because I know that Darryl claims to be a Christian (my old soccer coach used to be his pastor) and Christians aren't supposed to sue each other. (1 Cor. 6:7) As a Christian myself, I take that to mean I shouldn't sue anyone, but I'm sure other Christians dis

  • This is ridiculous... (Score:5, Insightful)

    by dmayle ( 200765 ) on Sunday July 27, 2003 @05:38AM (#6543637) Homepage Journal

    Stolen Identity? When was the last time a videogame created a fake driver's license or some credit cards?

    This is no different than if some prostitute in a Duke Nukem game was named "Lolly Pop", and an ex-employee of the Bunny Ranch sued to make some extra cash. Max Payne is fairly high up on the list of obvious names for an action star.

    • I'd say it was trademark infrigement, 'max payne' and 'maxx payne' is pretty similar... both into the action-hero kinda-thing...
      But to be honest I'd never even heard of Mr. Payne the pro-wrestler, only Mr. Payne the killingmachine..

      • But nowhere in the article does it mention that the wrestler has trademarked the name, just that he has used it. If he had trademarked the name back in 1988 (when the article says he started using it), he'd lose for failing to uphold his trademark in the years since the videogame was released.

        If my name were Gordon Freeman, and I was a local musician, I couldn't sue Valve for "stealing my identity". (Gordon Freeman is the name of the main character in Half-Life) The case could only be won if it turns ou

        • Ahh... but what if your name was Gordon Freeman and you were a scientist who helped to open a door to another dimension? Kinda changes things don't it? :)

      • Darryl Peterson, AKA Max Payne, should have checked to make sure there wasn't anyone else already using the name Max Payne.

        Mr. Peterson started using the persona Max Payne in the 80's (see http://www.pinfalls.com/maxx.html)

        Too bad there was already an actor called Max Payne who was in a biker movie in 1972 (see http://us.imdb.com/Name?Payne,+Max)

  • Ask Spike Lee! (Score:4, Funny)

    by drdink ( 77 ) <smkelly+slashdot@zombie.org> on Sunday July 27, 2003 @05:43AM (#6543644) Homepage
    I'm sure Spike Lee would side with him. After all, when Viacom decided to rename TNN to "SpikeTV", I know the first thing I thought was "Wow! Spike Lee is getting a TV channel named after him! Cool!!! The first network entirely for black filmmakers!" Oh wait, no I didn't. God, this is getting lame.

  • Comment removed (Score:4, Funny)

    by account_deleted ( 4530225 ) on Sunday July 27, 2003 @06:25AM (#6543720)
    Comment removed based on user account deletion

  • They should change his name to Max Power (Score:5, Funny)

    by Cobralisk ( 666114 ) on Sunday July 27, 2003 @06:29AM (#6543727)
    "I got it off a hair dryer" - Homer Simpson

  • huh? (Score:2, Insightful)

    by roka ( 211127 )
    Rule#1 fits for SCO: "If you don't understand someone doing something obviously dumb, than it most probably is about something else."

    Everyone knows he won't win that ridiculous case.
    And since he is retired the publicity doesn't help a damn, right?

    So I'll stick with rule #2 here: "If you don't understand someone doing something obviously dumb, than he most probably is just some bored retard"

  • My advice to him (Score:3, Funny)

    by violent.ed ( 656912 ) on Sunday July 27, 2003 @08:46AM (#6543910)
    ... is join the ARMY and become a Major. Then he can sue Damon Wayans and Universal Studios!
  • In Payne's words, "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."
    Bullshit
    This isn't some little guy getting his domain name taken away from him by a big corporation. This is a wrestler who's trying to cash in on a name he doesn't even use anymore. Unless he gets a lot of royalties from toy sales and/or t-shirts, he doesn't have a leg to stand on, and I'm sure that Rockstar could get the case easily dismissed.

  • ObSimpsonsReference (Score:4, Funny)

    by Decaffeinated Jedi ( 648571 ) on Sunday July 27, 2003 @09:14AM (#6543950) Homepage Journal
    Maxx Payne, he's the man who's name you'd love to touch! But you mustn't touch! His name sounds good in your ear, but when you say it, you mustn't fear! 'Cause his name can be said by anyone!

    DecafJedi

  • maxx payne the wrestler was trying to put out a behind the scenes documentary a couple of years ago. Since wrestling has often assumed the gimmics of characters originated in other mediums (Memphis wrestling at one point had a Freddy and Jason rip offs for example. A local wrestling outfit I once saw had some masked guys who wore basketball jerseys and called themselves Jordan and O'Neal). So he is probably trying to make sure that people know that he was first.

  • Wait a mintue (Score:2, Insightful)

    by vcv ( 526771 )
    Does he even have any ground to stand on, because of the extra "x" in his alias? It's like Jon Doe suing Fox for their John Doe TV series.
    • From the front page of his website www.maxxpayne.com [maxxpayne.com] All material* copyright MaxxPayne.com All Rights Reserved *Including but not limited to the names Maxx Payne Max Payne Maxx Pain Max Pain Maximum Payne Maximus Paynimus Paxx Mayne Lucifer Payne and Payne Killer
      • From the front page of his website www.maxxpayne.com [maxxpayne.com] All material* copyright MaxxPayne.com
        All Rights Reserved

        *Including but not limited to the names Maxx Payne, Max Payne, Maxx Pain, Max Pain, Maximum Payne, Maximus Paynimus, Paxx Mayne, Lucifer Payne, and Payne Killer

        How about "Maxx Lame"? Or is that also covered by his "but not limited to" plan to annex? Because I may just raise my own Maxx Claim.
      • and Payne Killer

        phew, I'm safe, just 2 letters...

        Err, wait, he'd probably sue Judas Priest and Painkiller before he got to me anyway, since they probably have more money.
    • First thing I learned in my intro IP class at law school was that speeling doen't matter for shit. If it sounds the same or is "likely to leed to consumer confusion" is what matters.

  • Didn't he contradict himself? (Score:3, Insightful)

    by Doctor Cat ( 676482 ) on Sunday July 27, 2003 @01:12PM (#6545109) Homepage
    "I left wrestling to come home to Utah and be with my family"

    Doesn't that mean he wants his "identity" now to be "Darryl Peterson, retired former celebrity who spends time with his wife and kids and gets left alone"?

    and I find myself in the biggest battle of my life - to save my identity

    How about "to save my chance to cash in on somebody else using a name I was done with, since I'm greedy"? I mean, if the videogame was about a wrestler guy that looked like him, that'd be different. Isn't the Max Payne videogame about a non-wrestling cop who shoots people 'n stuff?

    Frankly, if he sincerely wants to be retired and be with his family, having his old name associated with something new now would probably just get him less rabid wrestling fans pestering him and interfering with his new "Darryl Peterson, family man" focus. He should thank them, not sue them!

  • Hypothetical:
    Suppose I make a hot new video game about a tax attorney turned vigilante crime fighter. Lets say his real name is Hulk Hogan.

    Should the real Hulk be able to sue me even though the character in my game bares no likeness to the WWE wrestler whatsoever? What if it could be proven that I had no intention on cashing in on the name but that it was simply a coincidence that the names matched?

    Granted, Mr Payne never achieved any where near the notoriety of the Hulkamaniac but it's the same sit
    • It does matter how famous Hulk Hogan is, becasue that relates to how likely consumers are to be confused.

      I say Hulk Hogan, you think the wrestler.

      Most people hear Max Payne, what do they think?
    • How long before every name has been used by a celebrity at some point? I think there's a huge difference between a fictional character having a name of a *current* popular star, and the name or pseudonym of some mediocre person who was never very popular and has long since been forgotten.

      Otherwise names we'd be losing probably a hundred names a year, which could never ever be used again. Maybe more. And that's not even considering the efforts of the musician Sting and Spike Lee to make all use of the wo

  • Get a Patent (Score:2, Interesting)

    by BigDork1001 ( 683341 )
    MSN has an article [msn.com] about Leo DiCaprio patenting his name.

    Oh, and speaking of Leo, the "Gangs of New York" heartthrob has decided to really cover his rear by going the extra mile on a patent. Perhaps thinking that his famous name is more than, well, just a name, DiCaprio has applied to the Department of Commerce to have it trademarked. While it may sound a bit extreme to you or me, the 24-year-old star's trademark application has already received a preliminary approval from Commerce's Patent & Trademar

    • Only in America ... could the media confuse patenting with trademarking.

      And lots and LOTS of people have trademarked their names. This is nothing new...
    • Some odd side effects of this.. ..he'll have to ensure that any of his children get a liscence to use the name, or they'll be watering down his trademark. Similarly, his mother & father & grand-parents, etc.

      Of course, this is assuming that he's trademarking just his last name and not his first and last names.

  • The market for wrestling, and Max Payne are on entirely different levels.

    If anyone is intelligent enough to appreciate Max Payne, they're intelligent enough to appreciate that someone who happens to be a pro wrestler and who appears nothing like the game character has nothing to to do with any of it.

    However It's difficult to say if this wrestler is genuinely concerned about his wrestling IP, or just the size of his tv-wrestling wallet.

    You can decide for yourselves, but something tells me it's the latt

  • Why can't this be settled peaceably by having one side agree to change their name? I mean, look at these great alternative names from the trusty thesaurus [reference.com] that give the same impression as "Max Payne." Check out these gems:

    Extreme Payne

    Supreme Payne

    Paramount Payne

    Ultimate Payne

    Superlative Payne

    Mostest Payne

    Mmm, on second thought, my buddy Mostest might have a problem with that last one.

  • Maxx Payne was never over in WCW, he couldn't get over in the then WWF as "Man Mountain Rock", then when he went back to WCW he couldn't get over.
    Maxx Payne couldn't draw money if you covered him in glue and dragged in through Fort Knox.

    Identity Theft? What Indentity? Maxx Payne was never more then a lower midcarder.
  • I found an interview [pinfalls.com] on the pinfalls website with Maxx Payne. He copped it as a play on the name Max Headroom after seeing a TV commercial. Regardless of the lawsuit, which I think is silly. This interview is pretty good... especially the things he has to say about industry and differences between the US and Japan.
  • Several years ago I was an aspiring adult film star, with a promising career... It wasn't until my identity was stolen by Konami that I had to change my name from Solid Snake...

  • Sue Everybody!!! (Score:3, Funny)

    by johnkoer ( 163434 ) <johnkoer&yahoo,com> on Monday July 28, 2003 @08:59AM (#6549917) Homepage Journal
    If this does not work out for Max he can always sue these 53 people [whitepages.com]. 53 more lawsuits means he would never have to work again.
  • Maybe the wrestler is suing first so that he doesn't get sued later on by the software company, should he decide to return to the ring or some other public activity. Stranger things have happened.

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