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WORLD WRE5TLIN0 FEDERATION’

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Via Pax a m 791-727C andU.S. Mail

July 19,1996

Mr. CharlesE. Baxley, Esquire
HART, BAXLEY, DANIELS & HOLTON
59 John Street
New York, NY 10038

Re:

YourReference 7891
Titan Sports, Inc., w. Warrior

Dear Mr. Baxley:
I am writing to you today after considerable reflection on our behalf regarding the
current stale of matters with respect to your client, Mr. James Hcllwig. First of all,
please do not construe ourremarks to be a reflection of an opinion regarding denlin >s
•with you personally, since you have beonboth cordial and gracious andhave dealt \ ith
us in good faith. Unfortunately, for the reasons summarized below, we do not detit <
the same conclusions regarding Mr. Heliwig.
Based on all the facts and circumstances currently known end available to us, w e ha 9C
come to die conclusion that Mr. Hcllwig never did Intendto deal with Titan in goot
faith and that the representations he made to us in order to induce us to enter into a
contractualrelationship with him were fraudulently induced with no intention o f bei ig
performed. Tn any event, Mr. Heliwig has clearly breached the contract between Ti an
Sports and Mr, Hcllwig.
As you know, Titan Sports wus the owner o f various registered trademarks in
ULTIMATE WARRIOR prior to Mr, Heliwig ragaging in the recent round o f
discussions with us. Based on various representation and assurances given to us by
Mr, Heliwig, we proceeded to negotiate with him in good faith towards the exccuni c
o f a contractual arrangemeut whereby be could resume his wrestling career at Titan
Based on those representations, the agreement signed by the parties provided fa r t h :
transfer of ownership of various marks in the ULTIMATE WARRIOR to Mr. Helhyig.

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Charles E, Baxley, E sq u ire.

My 19,1996
Page 2

Obviously, it was the intention of lita n , based on the representations o f Hellwig, thf t
Titan would have the benefit of the services specified in the agreement as well as
compliance with Mr. Hellwig with all other terms. It now appears to ns that Mr.
H cllw ig’s true intention was not to perform and not to comply with the terms o f the
contract but to create an instrument whereby be could then claim that he had obtainejd
the rights to the ULTIMATE WARRIOR registrations.
Following execution of the contract. Titan proceeded to discharge the obligations it
assumed unjier the contract based on Mr. Hellwig ’3 representations. Shortly thereof or,
however, problems begHn to develop with Mr. Hell wig and his performance of the
contract. These problems were complicated by the irrational and unpredictable
behavior o f Mr. H dlw ig in response to certainsituations which developed during the
Course of the relationship. Rather than deal with the situations drat came up in a
professional manner, Mr. H dlw ig first made ridiculous financial demands unrelated 11
the problems and then decided that the would not perform scheduled events and wei t
home. As i trust your realize, such actions on the part of Mr. Hell wig do irreparable
damage to both the character o f the ULTIMATE W ARRIOR and to the W WF since it
disappoints the fans who have bought tickets on the assumption that the ULTIMATi i
W ARRIOR would perform. I>ue to Mr. Ilcllw ig’s actions, Titan had no choice but 10
suspend booking ldm for matches pending receipt of adequate assurance on his p an
that this sort of conduct would not repeat itself and that the W W F would receive the
full benefits o f the contract with Mr. Hellwig. After Titan suspended booking Mr,
H dlw ig, he again acted irrationally and chose to portray Titan in an unflattering light by
suggesting that he hud missed his scheduled appearances due to the death of his fath< f,
which we all know not to be true.
Following our demand for adequate assurance of M r. Hellwig’s future performance,
you have indicated that you believe a resolution o f the mutter lies in the presentation j f
terms and in a long form contact- However, and while WC <J0 not doubt your sinceti ty
in your staled beliefs, we have reason to believe that your client docs not wish to ent it
inio a long farm contract and never did. We also understand that Mr. Hellwig is nov
attempting to negotiate with the WCW following the suspension. Moreover, a 3 wc
learned recently. Mr. Hellwig’s failure to pay his previous counsel the legal fees whic 1
w e claimed to be owed to him now lias placed in Jeopardy Ihe confidentiality provisic ns
o f the contract. W e understand that Mr. HeLlwig’s previous counsel will be filing su i;
against Mr. Hellwig which obviously will further deny Titan the benefits of the conta cl
it negotiated in good faith.

 07/19/1995

15:45

-2127917275

HAKI iSAXLtY

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CharlesE. Baxley, Esq lire
July 19,1996
Pag® 3

Accordingly, this is to advise that it is Titan's position that Mr. Hellwig fraudulently
induced the contract and that all rights previously owned by Titan remain with Thai
including, but not limited to, ownership of the service marks in the ULTIMATE
WARRIOR. It is also Titan's position that Mr. Hellwig materially breached the
agreement in any event. Thus, it remains Titan’s position, and will be Titan’s position,
that it is die owner o f the registered marks in die ULTIMATE WARRIOR.
Given the aforementioned circumstances as well as others known to Mr. Hellwig, ai d
we presume you, we wish »u advise you that Tiran has no farther interest in the serv ccs
of Mr. Hellwig or attempting to secure his performance under the agreement since i is
obvious that it was fraudulently induced and has been materially breached in any eve n t
Very truly yours,
u/<H,
lin d a E . M cMahon
President & COO

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