If Hulk's attempt at the temporary restraining order (TRO) had been successful, the former wrestler would have forced Gawker to take down the portion of the sex tape footage they have up.
Hulk — real name Terry Gene Bollea — filed for the TRO on Monday at the Middle District of Florida Tampa Division courthouse and it was denied without argument.
There will be a preliminary injunction hearing on November 8 where counsel for both sides will have a chance to make their arguments, but an insider tells RadarOnline.com they don't expect the court to show mercy on Hulk.
"You can't expect the court to be very sympathetic to Hulk's argument given the circumstances," the source said.
As RadarOnline.com previously reported, footage of Hulk having sex with his best friend, Bubba the Love Sponge's wife, Heather Clem, was leaked and Hulk claimed he didn't even know he was being taped and is furious the sex tape hit the Internet.
Determined to find out who leaked the tape, Hulk even asked the FBI to help find out who is responsible, but as RadarOnline.com first revealed, it was a disgruntled former employee of Bubba's who wanted revenge after he felt he wasn't properly compensated for his work.
Interestingly, the source says Hulk's "surprise" at the tape being leaked is a rouse and that he's known about it for years and even had the ability to stop the sale last year!
"Hulk acting all shocked at the release of the tape is crap," the source says.
"The tape was first shopped about three years ago, and Hulk was initially blindsided by it. But he's been fully aware this whole time that it's out there."