As noted earlier, PWInsider.com reported that TNA filed a lawsuit against WWE and former TNA and WWE employee Brian Wittenstein. According to the report, that lawsuit is claiming interference with existing contracts, conversion, breach of contract, civil conspiracy, unfair competition and violation of the Tennessee Uniform Trade Secrets Act. Wittenstein is also being sued for breach of duty of loyalty.
The lawsuit claims that Wittenstein gave WWE inside information on TNA contracts while he worked for WWE earlier this year. Wittenstein had worked for TNA handling third party bookings and other talent-related duties for several years before leaving in 2011.
The lawsuit reads, "This wrongful disclosure and misappropriation allows WWE to effectively price TNA out of the market and cause irreparable harm to TNA's business and profitability. WWE now knows the confidential details of TNA's business affairs including its marketing and business strategy and analysis, which leaves TNA vulnerable to WWE's unfair position in the market."
WWE apparently approached TNA to inform them that Wittenstein was openly discussing when contracts were expiring, which led to his departure from WWE. TNA claims that WWE did not let them know about this until several weeks after Wittenstein was let go.
The Nashville City Paper has comments from WWE attorney Jerry McDevitt, who stated that the company did the right thing in letting TNA know about Wittenstein.
"Our reaction is that no good deed ever goes unpunished," McDevitt said. "What the WWE did here is what you would hope any company would do in these circumstances it found itself in."
TNA claims that WWE is now using the knowledge obtained from Wittenstein to their advantage, and is trying to "poach contracted talent" from the company. TNA stated that WWE has used this information in talks with Ric Flair, who wants to go back to WWE and approached TNA about getting out of his contract. They also stated that Flair has been no-showing dates since indicating his desire to be released.
"In order to injure TNA and gain a competitive advantage, WWE intentionally interfered with TNA's contractual relationship with Ric Flair and maliciously used the trade secrets and confidential information provided by Wittenstein to approach Ric Flair," the lawsuit reads.
The City Paper report went on to note that a restraining order was signed today requiring Wittenstein and WWE to return all confidential material Wittenstein had from his time working in TNA, and for none of the material to be destroyed.