By James Caldwell, Torch assistant editor

Heath McCoy, a reporter for the Calgary Herald and author of the "Pain and Passion: History of Stampede Wrestling," has followed up on yesterday's coverage of Martha Hart's lawsuit against WWE and the McMahons with more insight on the story.

-- McCoy reports that Bret Hart, the brother of Owen Hart, is not commenting on the lawsuit. Hart worked for WWE throughout 2010 before he reportedly parted ways with WWE this week and was written off TV on Monday.

-- One of the main items from the story is WWE attorney Jerry McDevitt back-tracking from a timeline comment to the AP yesterday when responding to Martha Hart's lawsuit filed Tuesday.

The AP reported yesterday: "He (McDevitt) says the lawsuit and an accompanying news conference are the first time the company has heard from her since she settled with them in 2000."

Martha Hart said yesterday she sent "cease and desist" letters to WWE in March, just before WWE released the "Hart & Soul" DVD with Owen Hart's likeness included in the DVD marketing and contents.

McCoy reports today: "McDevitt said he learned of Martha's concerns with the company last March when her lawyers sent a cease-and-desist letter to the WWE demanding they not release the DVD."

-- One of the big questions from Martha Hart's new lawsuit is whether there was a provision in the 2000 "wrongful death" settlement that WWE could not use Owen Hart's likeness because of Martha's desire to disassociate from WWE.

"We own the copyright (to footage featuring Owen Hart) and we believe we're fully within our rights under the contract to do exactly what we did," McDevitt told the Herald. McDevitt also insists to McCoy that "there is no provision in the 2000 settlement agreement that WWE would give up its rights in this regard."

Martha Hart contends WWE's rights to use Owen Hart's likeness ended upon his death, per a 1996 booking agreement signed by Owen and WWE, which was signed by former CEO Linda McMahon.

-- Ross Hart, one of Bret and Owen's brothers and the brother-in-law to Martha Hart, took WWE's side on the matter when interviewed by McCoy.

"If WWE exploited Owen's name negatively...I can understand, but this really was a documentary about the whole family," Ross said. "It was done in pretty good taste, even by WWE standards."

McCoy reports that Martha Hart did not respond to inquiries for comment. McCoy cited Martha's statement yesterday that she has "worked tirelessly" for eleven years to "disassociate Owen's name and likeness from anything WWE related."

Link: Read the complete story on CalgaryHerald.com.

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