On September 28th, U.S. District Judge Katharine S. Hayden denied Sylvester Stallone‘s bid to dismiss the lawsuit filed by Chuck Wepner which claims that Stallone inappropriately used Wepner‘s name to promote his “Rocky” movies.
However, Judge Katharine S. Hayden dismissed two other claims by the ex-boxer: 1) that Stallone was unjustly enriched by trading on Wepner‘s life story and 2) that Wepner suffered by relying on Stallone‘s promises.
Wepner‘s lawyer Anthony G. Mango called the ruling a “100% victory.” [Uh, but weren’t TWO of the THREE claims dismissed? 100% Victory? More like 33%, I’d say. – Craig] Sly‘s attorney, Jon Paul Robbins, declined to comment preferring to not try the case in the media.
As to the one claim that was allowed to go forward Judge Hayden stated that “Wepner contends, and Stallone does not contest, that the main character, Rocky Balboa, was based on Wepner and the plot of the first movie was inspired on the 1975 fight.”
We’ll keep you posted of updates as the case progresses.
It’s not unusual for a judge to allow a case to proceed to trial so that a jury can decide the outcome of the claims. The fact that two of Wepner‘s claims were dismissed is good news for Sly. The claim that did go forward doesn’t seem to have a solid foundation since Wepner has no contracts and he benefitted from his association to Rocky. I’m sure it can be easily proved that his appearances and income went up AFTER Sly spoke of his inspiration for Rocky. I’d also bet that Wepner used Sly‘s name in his appearances! – Craig