Back before Marvel became the biggest name in movies and WWE was raking in record profits, the two companies duked it out over one thing: Who was the rightful owner of the name Hulk Hogan?
On January 23, 1984, Hogan (shoot name Terry Bollea) defeated the Iron Sheik in Madison Square Garden to claim the then-WWF World Heavyweight Title (this was well before WWE lost a legal battle to the World Wildlife Fund and had to “Get the ‘F’ out”). The era of Hulkamania had begun, but it was almost over as soon as it started.
Marvel had seen a successful TV run of a series based off the character of the Incredible Hulk. The series ended in 1982 and was followed by three made-for-TV movies in 1988, 1989, and 1990. Not one to leave money on the table, Marvel knew it had a strong case against the Hulkster and WWE on the grounds of ownership of the “Hulk” name.
At the time, WWE was in the process of overtaking the other wrestling territories in the United States and the last thing they needed was a costly legal battle. The company’s lawyers said as much in a 2004 legal complaint, writing, “At the time, WWE was in the midst of the ambitious expansion of its business from an exclusively regional promoter of professional wrestling exhibitions to the national sports entertainment media company it has become today.”
To settle the issue, both companies entered into what was called the “1985 Contract.” The contract allowed WWE use of “Hulk Hogan,” “Hulkster,” “Hulkamania,” and other related terms. But WWE was going to have to pay up. In addition to a cut of merchandising and performance fees, Marvel was also to receive $100 for every match that Hulk Hogan appeared in.
Also, WWE was prohibited from using the word “incredible” in relation to Hogan. In addition, “Hulk” was to always be used alongside “Hogan,” and the colors green and purple were not allowed to be used in connection with the performer. The terms of this contract were set to last for 20 years from the date of the agreement.
Hogan would jump to rival promotion WCW in the mid-90s, and the terms of this agreement followed with him until the company was purchased by WWE in 2001. As both companies battled for supremacy in the Monday Night Wars, professional wrestling would enter into its most profound period of popularity and cultural prominence. The same could not be said for Marvel.
By 1995, the comic book bubble had burst. The practice of releasing multiple “special editions” of comics and relying on collectors to purchase the same issue five times was not sustainable. Near the end of 1996, Marvel was forced to file for bankruptcy. Faced with massive debt, the company was able to find success through a new business venture that had eluded Marvel up to that point: movies.
We’re going to Hollywood!
Marvel had traded away the rights to many of its characters over the years, but Marvel Studios would eventually cobble together the lineup for what would become the Marvel Cinematic Universe. But there were a few hiccups along the way.
Ang Lee’s The Hulk reached theaters in 2003. That same year, Hulk Hogan battled both The Rock and WWE Chairman Vince McMahon in major pay-per-view events. It’s also around this time that Marvel’s senior litigation attorney would first send a cease-and-desist to WWE, claiming that the company was using the Hulk Hogan name “without Marvel’s permission and in violation of Marvel’s valuable intellectual property rights.”
WWE stood by the 1985 agreement. Marvel responded by arguing that WWE must cease all use of the Hulk Hogan name once the contract expired.
“In essence, Marvel Characters has taken the position that the Hulk Hogan character dies upon expiration of the 1985 Contract, and that WWE will be violating Marvel Character’s purported trademark rights if WWE displays performances and images of the Hulk Hogan character or uses the words ‘Hulk Hogan’ in any way,” WWE attorneys wrote in a 2004 court document.
WWE argued that due to Marvel’s history of “numerous transactions, legal transformations, and at least one highly complex bankruptcy reorganization,” the company no longer had legal claim to the Hulk Hogan trademark.
Marvel hit back, claiming that WWE and Bollea had failed to pay proper royalties owed to the company through the 1985 agreement. According to a court document, Marvel’s cease-and-desist came after years of receiving no royalties. This prompted WWE to send over what is described as a “small” payment in response.
Both parties would go back and forth on the matter, with WWE at one point saying the company had miscalculated what was owed to Marvel. WWE tried to solve things with a big check, but Marvel suspected that there was more money owed and WWE was hiding something. Marvel wanted to see WWE’s financial records. WWE wanted Marvel to hand over proof that the company still owned the rights to the name Hulk Hogan. At the same time, both companies were also in a separate legal battle brought about by an old deal between Toy Biz (part of Marvel) and WCW (part of WWE).
One interesting aspect of WWE’s legal argument was that the company had done so much to build up the Hulk Hogan brand that no consumer would be confused, mistaken, or deceived into believing that WWE and Marvel were affiliated or connected in any way. Hulk Hogan was arguably a character as well-recognized as Marvel’s big, green guy.
The writing must have been on the wall for Marvel, and in February of 2005, the company sold the Hulk Hogan rights to Bollea. That following April the judge dismissed the case, and all parties went their own ways.
Marvel had more important things in mind in 2005. The company wagered rights to its biggest characters in exchange for $525 million to produce what would become the bedrock of the Marvel Cinematic Universe. We all know how that worked out.
WWE would go on to launch the WWE Network and later secure distribution through NBC’s Peacock app. Then there’s the multimillion dollar deals with Saudi Arabia. The company’s market cap is nearing $5 billion.
Ironically, the Hulk Hogan brand has gone in a different direction. WWE scrubbed all signs of Hogan from their product in 2015 after recordings of racist comments he made were released. After years of screwing over his fellow wrestlers, union busting, and other behavior that should have cost Hogan his public adoration, the revelation of his disgusting remarks was enough to drive him out of the spotlight.
For a little while.
WWE responded to Hogan’s remarks by removing him from the company’s hall of fame and severing his contract. Three years later and Hogan was back in the hall of fame and appearing at Wrestlemania. Oddly enough, Chris Hemsworth (best known as MCU’s Thor) is set to star in a Hulk Hogan biopic. I mention that simply to include this image.
So despite what people say about cancel culture, Hogan is still able to get a check to make appearances at WWE events dressed as a pirate and whatnot. He was outed for what he is. His stock dropped, but as far as WWE is concerned, all Hogan got was a slap on the wrist. That’s why it’s important to always remember the words of the Iron Sheik.
