Doug Gilbert and Tommy Gilbert, representing the estate of the late Eddie Gilbert, requested that the lawsuit that they brought against the WWE and ESPN over the usage of Eddie and Doug’s performances being rebroadcast against their will be dismissed on June 1st by the United States District Court in Tennessee, according to a report from PWInsider.com who note that the court agreed to the request on June 3rd and dismissed the case without prejudice, meaning that should the Gilberts decide to re-file down the line, that they would have that option.

The report notes that The Gilberts, who filed the lawsuit in March 2015, alleged that the WWE and ESPN violated the Gilberts’ rights of privacy and/or publicity by using their names and likenesses without permission or any license in order to obtain profits via wrestling matches aired via television and the internet, the WWE Encyclopedia and in the case of ESPN, airing matches featuring Doug and/or Eddie via television and claimed that neither Doug, nor Eddie (when he was alive), ever signed contracts with the WWE or ESPN releasing the rights to their names, likeness and matches, nor have they received compensation, while the WWE and ESPN have, upon information and belief.

The report also states that in a filing this past April, the WWE noted that it has successfully defeated similar lawsuits in the court before, noting that suits brought against the company in the past by Doug Somers and Ricky Steamboat, while ESPN had already successfully defended itself against similar claims brought by former UWF wrestler Stevie Ray, who was featured in re-edited material from the Herb Abrams version of the Universal Wrestling Federation that has appeared on ESPN Classic. WWE meanwhile featured Eddie Gilbert material in the recently released Jerry Lawler Blu-Ray and DVD. The company’s library includes Gilbert material from the WWF, WCW, Global Wrestling and ECW among other promotions, as well as Doug Gilbert material from WCW, Global Wrestling and ECW.