Max Payne goes to court.

**thrAsher** · 07-28-2003

Retired World Championship Wrestling professional Maxx Payne filed a $10 million lawsuit against a group of video software developers for allegedly stealing his personal to create the game "Max Payne." The lawsuit was filed last week in U.S. District Court against Rockstar Games Inc., 3D Realms Entertainment, Gathering of Developers and Remedy Entertainment Ltd...

More about this here.

Anybody ever hear of this guy?

**LTM360** · 07-28-2003

How long has this game been out? Two years? And it took him this long to file a lawsuit? And the name is with only one 'X', I'm no lawyer (nor do I know that much about this stuff) but since the name is different he cannot win the case right?
And, no, I've never heard of him.

**Ford Mustang** · 07-28-2003

This guy is a dumbass. How can anyone steal his name if nobody knows who the hell he is?

I hope he loses.

**runninutes** · 07-28-2003

Originally posted by LTM360
And the name is with only one 'X', I'm no lawyer (nor do I know that much about this stuff) but since the name is different he cannot win the case right?

My understanding is that the addition (or subtraction) isn't enough to decide a case. The decision would be based on a few things - intent, ownership, and research. That is, was the intent to capitalize on his name and image? Does he own the name Maxx Payne? After all, his TM/copyright (not sure which applies) could have run out. And lastly, did the people who put out the game make a realistic effort to find out whether the name was owned/in use by anyone?

I've never heard of him either. I'd say that there's an extremely small chance of him winning this case - if nothing else, the fact that he waited this long can't help him.

**goldberg** · 07-28-2003

- Peterson said he introduced the Payne personal also known as Maximum Payne, Max Pain and Lucifer Payne - in 1988, and uses it in commercials, voice-overs and movies.

- A spokesman for Take-Two Interactive, the parent company of Rockstar Games and Gathering, declined to comment. Spokesmen for the other companies did not immediately return calls.

Rockstar stole the name, that why they wouldnt comment cause they stole the name.

EDIT: after some reasearch on google, i found him using Maxx Payne too

**Corona** · 07-28-2003

Yes it is, but he is an idiot (Maximus payne), he should watch his back, not a threat, but seriously. After he fails to settle out of court, which is most likely his main objective, and is totally legal in tort law. Rock Star games should and probably will Counter sue this nut for fraudulence, and make him pay their legal representation bill!!!! LOL SUCKER

**ARONO129** · 07-28-2003

He changed his name and probably didn't copyright it. As someone mentioned earlier the case will depend on that.

**Corona** · 07-28-2003

Originally posted by ARONO129
He changed his name and probably didn't copyright it. As someone mentioned earlier the case will depend on that.

Bro if it wasn't copyrighted then he would not even have a case, the suit would be dismissed after it's first hearing, speculating that if it were to even get that far ahead of the date it was filed.

**goldberg** · 07-28-2003

he just wants to make some money

**runninutes** · 07-28-2003

Or get some pub - you know what they say - any publicity is good publicity.

**l Maximus l** · 07-28-2003

Originally posted by Corona
Yes it is, but he is an idiot (Maximus payne),

BAD IDEA for a nickname!! I'm going to sue!!!

**wbio** · 07-28-2003

there are probably lots of people named Max Payne, how can he be suing, what if there's someone named Mace Griffin, or any other name that is used for a game, some people will do anything for money:o

**rough_rida** · 07-28-2003

This guy is just some old worn out wrestler looking for some money so he can afford to take his steroid injections so that he can look as muscular as when he was a wrestler.

**DocHoliday78** · 07-28-2003

Originally posted by rough_rida
This guy is just some old worn out wrestler looking for some money.

Exactly, i once saw this documentary on wrestlers. One was Tony Atlas and he was so broke he had to hide money from himself so he wouldnt spend it.

**ShannonX** · 07-28-2003

the name Max Payne while not common in the US, is used quite often as a persons name.

http://www.whitepages.com/search/Fin...zip=&state_id=

so theoretically, any person who has a name in any video game could sue if he wins.

and i've never heard of any wrestler named max payne, as i'm sure they had no clue there was one either.

**goldberg** · 07-28-2003

Originally posted by wbio
there are probably lots of people named Max Payne, how can he be suing, what if there's someone named Mace Griffin, or any other name that is used for a game, some people will do anything for money:o

i dont think he was cut, i think he was fat, thats why hes not around anymore cause he didnt have the "look"

**DocHoliday78** · 07-29-2003

Dont know if this has been mentioned but its for 10 million bucks. Wow this guy is gonna win....NOT.

**thrAsher** · 07-29-2003

Originally posted by Maximus-XBA

BAD IDEA for a nickname!! I'm going to sue!!!

You go, Maximus! I mean, we all know you were the first to use that alias!

As far as this wrestler guy, I think he was sitting around in his modular home, eating Funyuns and quaffing some Steel Reserve, when he happened upon a CNN report about Spike Lee suing TNN over the name "Spike TV", when the meathead had his first and only epiphany, which probably went something like this:

"Hell, I dint know you's could sue over a dangnab name! I'ma call Farnsworth and get mah'self some bread outta those video game geeks who done used mah wrasslin' name. Sheeeeeee-it! And I'ma ask for $1,000....no...no...make it $10,000,000." *gurgle/glug/gurgle/scratch/burp*

**dances with broom sticks** · 07-29-2003

Thats as stupid as Spike Lee and the Spike TV suit

**Reclaimer** · 07-29-2003

Just another guy trying to cash in on the money train. Rock Star's got the cash and he doesn't. In his steroid stupor it probably seemed like a good idea to make the law suit. People will sue over anything now.

Case in point. Two years ago, a ship collided with the Houston Loop 610 Bridge over the Port of Houston. It wasn't a big deal, and the bridge remained intact. It did have to close for repairs though. I was talking to the pilot of that ship the other day, and he was telling me that 39 lawsuits where named against him. Who are they? 39 motorists who where on the bridge at the time of the accident, decided to sue him individually. Each on their own accord, each not knowing of each other's suit.