Price of tea in China?

Give it up, Stacks. Offer to settle for an apology and a fine. Attorney fees will cost you everything you own. Why destroy your life for resin?

“Johnny’s Resin is not in anyway affiliated with DC Comics. All kits are sold to portray an Actor and NOT ANY CHARACTERS OWNED BY DC COMICS. Johnny’s Resin does not intend to infringe on any copyrights , characters or trademarks owned by DC COMICS.”

Given that DC’s contacted him about this numerous times over the years, he really doesn’t seem to have a leg to stand on. He’s arguing that he’s got likeness rights to the actors, but in that case, he can go ahead and do an Adam West statue. But he’s doing Adam West dressed as Batman, standing on a Batman logo. His Joker statue says “The Joker” on it, not “Cesar Romero.”

So clearly, he’s not simply selling statues of actors, but of actors in roles established on the Batman TV show, and he doesn’t have rights to those.

He also says, “THESE KITS ARE NOT DC COMICS Characters ..The costumes worn by the actors were designed by Mr. Jan Kemp while employed by William Dozier !!”

…which is sort of like saying that if Neal Adams designed a costume, it’s not a DC costume. But that’s silly. Jan Kemp designed those costumes, but did so under a deal that recognizes that they’re not his property (and not public domain, either). Dozier doesn’t own the characters either; they were licensed from DC.

So it seems that he just doesn’t care about trademarks (or is too dopey to understand what they are). But that’s really not going to work for him.

Back when I was a literary agent, we kept getting teleplay samples from some guy who really, really liked the Hulk TV show, and was writing teleplays for “The Raging Hulk,” which he kept insisting was his own creation, that what Marvel owned was “The Incredible Hulk,” and his was different. Still named David Banner, mind you, and still with exactly the same voiceover opening riff, but his guy was “raging,” and that made it all okay.

That didn’t get him anywhere, and I doubt it’s going to get Stacks anywhere.

If it’s a hobby, don’t sell them. If you’re selling them, recognize that it’s a business and you can’t simply take other people’s property, even if you do it pretty.

kdb