PWInsider.com is reporting WWE filed a dismissal motion for the lawsuit brought by Doug Gilbert and the Eddie Gilbert estate.

It was said in the lawsuit that WWE and ESPN used Gilbert’s likeness without permission, but WWE maintains they “invested heavily” in obtaining, producing and distributing footage. ESPN has also filed a similar motion to dismiss.

WWE cited previous lawsuits brought by AWA star Doug Somers and UWF star Steve Ray, which were dismissed, saying the Gilberts had no claim to the royalties from WWE video libraries. WWE also claimed they are protected under the First Amendment since the only claim the Gilberts could make is if WWE published a damaging falsehood, which is untrue, and Gilbert’s image in the WWE Encyclopedia is protected under copyrights for the WWE video library.