Hulk Hogan sex tape: Judge grants restraining order in lawsuit over documentary

TAMPA, Fla. - In a case involving the estate of the late professional wrestler Hulk Hogan and the radio personality Bubba the Love Sponge Clem, a federal judge Thursday issued a temporary restraining order to block the use of a sex tape in a documentary about Hogan.

What we know:

U.S. District Judge Tom Barber issued a seven-page ruling that said Clem has been involved in developing the documentary, which the estate contends would include personal information about Hogan, whose real name was Terry Bollea, and excerpts of a sex tape.

The ruling said Clem, a former friend of Bollea, surreptitiously recorded the wrestler in 2007 in "consensual private conduct" and transferred the video to a DVD.

PERTH, AUSTRALIA - NOVEMBER 24: Hulk Hogan gestures to the audience during his Hulkamania Tour at the Burswood Dome on November 24, 2009 in Perth, Australia. (Photo by Paul Kane/Getty Images)

Gawker Media later posted an edited version of the sex tape online, and Bollea sued Gawker and Clem, Thursday’s ruling said.

Bollea reached a settlement with Clem that included the radio host transferring his rights to Bollea of depictions of the wrestler, including the sex tape, the Tampa-based judge wrote. Bollea registered the sex tape with the United States Copyright Office. The estate alleges that Clem in June began violating the agreement by talking about Bollea’s personal life. Bollea died on July 24, and Clem continued to speak about him, Thursday’s ruling said.

What's next:

The documentary is scheduled to be released Sept. 12, with a private viewing scheduled Friday, according to the judge. The estate filed a lawsuit making a series of allegations including copyright infringement, federal trademark infringement and breach of contract. It also sought a temporary restraining order to prevent Clem from "promoting or publishing the documentary and other related content, discussing the sex tape or the circumstances surrounding it, ‘making any video content relating to Bollea,’ making disparaging comments about Bollea, and ‘making other comments or taking any other actions that violate the terms of the settlement agreement,’" the judge wrote.

Barber, however, issued a narrower temporary restraining order that prevented Clem from publishing the sex tape or excerpts as part of the documentary.