Legal Matters

You'll recall that a few weeks ago, the estate of Edgar Rice Burroughs sued Dynamite over their ongoing lines of Tarzan and John Carter comics. Although the earliest works in each series are in the public domain, ERB, Inc. sued on the basis of trademark infringement, claiming that Dynamite's Lord of the Jungle was infringing their trademark for "TARZAN LORD OF THE JUNGLE" and so on. Well, Dynamite has responded, and it's pretty much a blanket denial, as you can see above. Dynamite's defense is pretty simple: the books are in the public domain, and ERB, Inc., doesn't have a trademark to infringe. For instance, ERB didn't file a trademark claim for Lord of the Jungle until March, 2012, although a shadowy company called ETT Corp. had filed one a few years earlier.

Last year a federal court in New York denied the Kirby heirs' attempt to claim the copyright in Spider-Man and other Marvel properties. Why, then, is their lawyer betting the future of the Siegel lawsuit on the same losing arguments?

DC's latest filing in the Siegel case made headlines because of the company's request for a trial. But was that really a surprise? In today's post, we'll look at what the filing reveals about DC's not-so-secret war -- and how the final fate of Superman may be determined by Facebook and the Winklevoss twins.

Last week, Silver Springs, MD police made a fantastic collar when a routine pullover for a license plate violation revealed a Lamborghini driven by a man in a Batman suit. But was it THE Batman or just a pale imitation?

Deadline is reporting that WB has changed tactics and now wants a trial in the ongoing rights battle over Superman:

Talk about a lousy break: The van containing all of Avatar's merchandise from WonderCon that was going on to Emerald City Comicon was stolen from a comics shop parking lot:

This is what we call a "hot drink" post in the biz*, as in, you must get a hot drink and a comfy chair before you dive in to the next link. Pádraig Ó Méalóid has done an amazing job of putting together a Gaiman/McFarlane/Marvelman timeline, which, although it only skims the details of the Marvelman deals of the '80s, does cover the 10-year legal battle between Gaiman and McFarlane as it pertains to Marvelman. It's a tale of (Tony) twists and turns. Of course the pre-history is also stunning:

Ryan Matheson, the American who was arrested, detained, abused and charged with child pornography after a single image was found on his computer on the Canadian border, has had criminal charges dropped after making a plea bargain to plead guilty to a non-criminal procedural charge. It's a big victory for the CBLDF and civil rights. The CBR story above has more details:

Although when a final settlement was reached in the epic Gaiman/McFarlane legal battle a few weeks ago, most people thought it was all over. But now there is The Accounting. Daniel Best dug up the settlement papers which mentioned just how much money Todd McFarlane might owe Neil Gaiman. Just to be clearer about this, the money in question is in an escrow account and there is really no discussion over its exact disposition. As noted it would go to legal fees, or Neil Gaiman or other things. In addition, the profits from the characters Gaiman co-created—the actual subject of the lawsuit—have yet to be audited.

Wow! All hell has broken loose in comic book-land! Last week's surfeit of Aquarian-born comics creators created a busy circuit of birthday parties, and if I had a dime for every time the name "Gary Friedrich" came up, his legal fees would be paid. IP Wars are breaking out everywhere.Why here, why now? As always, follow the money. The most visible and lucrative segment of comics industry has, since the great distribution collapse of the '90s, been primarily in the IP business. Entire comics companies have sprung up just to create movie storyboards masquerading as comics. Big media corporations outfit swanky offices just for the purpose of developing existing IP. It's become a cottage industry. No wonder then, that controlling and profiting from IP has become THE major preoccupation of the comics industry from the CEO selling movies to the colorist selling prints.

Looks like convicted comic book store killer Michael George is running out of legal options:

Uh, uh, looks like maybe Dynamite should have entitled its Barsoomian comics "Master of the Male Wedgie" and not Dejah Thoris and so on, because ERB, Inc., the family-owned corporation which controls existing trademarks to the Edgar Rice Burroughs estate, is suing Dynamite, Dynamic Forces, and Savage Tales Entertainment for trademark infringement and unfair competition over Dynamite's publication of books entitled "Lord of the Jungle," "Warlord of Mars," "Warlord of Mars: Dejah Thoris", and "Warlord of Mars: Fall of Barsoom" based on the Edgar Rice Burroughs originals.