NEED TO KNOW
- Hulk Hogan’s son Nick Hogan and his friend Terry McCoy, who is the curator of his estate, filed a temporary restraining order against Bubba the Love Sponge Clem on Sept. 2
- Clem included footage of the late Hulk’s sex tape with his now ex-wife Heather Cole in his new documentary Video Killed the Radio Star
- The footage was edited out of the documentary to comply with the order
Hulk Hogan‘s son Nick Hogan filed a restraining order against radio host Bubba the Love Sponge Clem regarding the use of his late father’s sex tape in Clem’s new documentary Video Killed The Radio Star.
Nick, 35, alongside Terry McCoy, the late Hulk’s personal friend and curator of his estate, filed the temporary restraining order against Clem, 59, in the Circuit Court of the Sixth Judicial District in Pinellas County, Fla., on Sept. 2, according to court documents obtained by PEOPLE.
In 2012, Hulk reached a settlement with Clem, in which the radio host surrendered the rights to the sex tape to the former WWE star. Hulk then registered the sex tape with the U.S. copyright office to prevent further distribution, according to the Tampa Bay Times. The tape features the late WWE star engaging in sex acts with Heather Cole, Clem’s now ex-wife. The tape was captured by home security footage.
In the petition for the restraining order obtained by PEOPLE, Nick and McCoy claim that Clem’s use of the tape in the documentary “infringed upon the Estate’s federally registered copyright in an unauthorized sex tape video.”
“Plaintiffs have also shown that the Estate will suffer immediate and irreparable harm if Clem is not enjoined from infringing on its federally registered copyright by publishing any portion or excerpt of the sex tape, including as part of the documentary,” the petition states.
The petition continues, “The Court finds that requiring notice to Clem of these proceedings before issuance of the temporary restraining order would likely result in irreparable harm to the Estate.”
The order was granted on Sept. 4.
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Hulk, born Terrence Gene Bollea, died at 71 in July. His son Nick was named co-personal representative of Hulk’s estate and inherited the fortune, worth nearly $5 million.
Video Killed The Radio Star premiered on Friday, Sept. 5 at Centro Asturiano de Tampa on the edge of Ybor City in Tampa. Eight seconds of footage featuring the tape were edited out of the film in compliance with the restraining order, and Centro Asturiano management was assured that the producers assumed full liability, per the Tampa Bay Times.