Legal Archives - Robot 6 @ Comic Book Resources
After losing one lawsuit after another in its eight-year battle for many of Marvel’s most famous characters, Stan Lee Media is looking to the U.S. Supreme Court for a reversal of fortune.
In a filing made public Friday, and first reported by Law360, the failed dot-com asked the justices to revive its lawsuit against co-founder and namesake Stan Lee, arguing the Ninth Circuit Court of Appeals erred in its October dismissal.
Placing what very well could be the final lump of coal in Stan Lee Media’s stocking, another federal appeals court ruled Tuesday that the failed dot-com can’t claim ownership of the Marvel characters co-created by its namesake.
As ROBOT 6 readers are well aware, the litigious shareholders of Stan Lee Media have long insisted that between August 1998, when Marvel terminated Stan Lee’s $1 million-a-year lifetime contract, and November 1998, when he entered into a new agreement, the legendary writer signed over to Stan Lee Entertainment (later Stan Lee Media) his likeness and the rights to all of the characters he co-created.
A Texas company has sued Harris County and its district attorney’s office over high-priced comic books that were seized in an embezzlement case, only to be stolen by investigators.
As you may recall, attorney Anthony Chiofalo was charged in January 2013 with siphoning from employer Tadano America upwards of $9.3 million, much of which he spent on sports memorabilia and vintage comics, including a Detective Comics #27 worth about $900,000. His house and storage units were raided, and the collectibles seized as evidence — all standard procedure.
But then two investigators with the Harris County District Attorney’s Office allegedly hatched a scheme to steal some of those comics — worth hundreds of thousands of dollars — and sell them at a Chicago convention. Lonnie Blevins, who left the DA’s office before his arrest in February 2013 on federal charges, pleaded guilty in May 2014 to stealing the vintage comics; his former partner Dustin Deutsch was indicted just last month. Not to be forgotten, Chiofalo was sentenced in May to 40 years in prison.
Now, Courthouse News Service reports, Tadano America is seeking damages for negligence, breach of fiduciary duty and fraudulent concealment, accusing the DA’s office of failing “to notice that their employees removed several hundred thousand dollars’ worth of highly collectible comic books” from storage units. The crane manufacturer obtained an $8.9 million judgment against Chiafalo in 2012, making those comics the company’s property.
The U.S. Supreme Court will decide whether Marvel owes royalty payments to the creator of a Spider-Man toy after the patent for the Web Blaster expired.
As first reported by Courthouse News Service, Stephen Kimble patented the toy in 1990 and then approached Marvel to license the rights. Marvel passed, and when another company began manufacturing a similar toy — it shoots foam string, simulating Spider-Man’s web-shooters — Kimble sued, claiming patent infringement and breach of implied contract.
A Rochester, New York, businessman admitted Friday he orchestrated a 2010 home invasion that resulted in the death of a 77-year-old comic book collector.
Although Rico J. Vendetti faced federal murder charges, The Buffalo News reports he pleaded guilty to racketeering for planning the robbery of the $30,000 comic book collection of retired custodian Homer Marciniak, and hiring seven people to pull it off.
Prosecutors contend that Vendetti had long operated an eBay scam in which he hired “professional boosters” to steal $665,000 in merchandise from stores in the region and then sell it to him for 25 cents on the dollar. He in turn would list the items on Craiglist and eBay, earning an estimated $42,000 a month.
Vendetti allegedly had a similar scheme in mind when he learned about the classic comic collection of Marciniak, a well-liked man who lived alone in the village of Medina, New York. Authorities say the hired criminals cut the phone line to Marciniak’s house on July 5, 2010, only to be confronted by him once they were inside. The burglars beat the homeowner and knocked him to the floor, and made off with the comics, safes, cash, coins and guns.
A grand jury in Harris County, Texas, has indicted a former investigator for the district attorney’s office accused of stealing thousands of dollars in rare comics.
The Houston Chronicle reports Dustin Deutsch was indicted Tuesday on charges of felony theft by a public servant and tampering with evidence, stemming from an embezzlement case he and his former partner Lonnie Blevins were investigating in 2012 for the district attorney’s office.
Blevins was arrested in January 2013 following an FBI investigation into the theft of rare comics seized from the home and storage units of Anthony Chiofalo, a corporate attorney who embezzled $9.3 million from his employer, and then spent a sizable chunk of the money on high-priced collectibles, including a copy of Detective Comics #27 valued at $900,000.
Blevins pleaded guilty in May to taking more than $5,000 worth of those comics and selling them at a convention in Chicago. He’s awaiting sentencing.
A Spanish soccer club has decided not to use an updated version of its traditional bat emblem, avoiding a possible legal fight with DC Comics.
News surfaced last week that the publisher had opposedd the trademark registration by La Liga club Valencia C.F., insisting the new variation of the team’s bat crest too closely resembles the familiar Batman emblem.
But now, The Guardian reports, Valencia says it no longer plans to use the new design after DC “presented its opposition to the request.” The club emphasized “there does not exist a lawsuit by DC Comics.”
Longtime arch-enemies, Batman and The Joker faced off once more on Wednesday, only this time about a plan to require Times Square’s costumed characters to be licensed.
Wearing makeup and a red suit embellished with black bats, the Clown Prince of Crime told New York City Council’s Consumer Affairs Committee that the bill amounts to “fascism.”
“I might look like a clown but I’m speaking from the heart,” the New York Daily News quote The Joker, aka Keith Albahae, as saying. “I do this from my heart and not for tips. OK, I do ask for tips. And many people are glad to give them, but this is about the First Amendment and this is about discrimination. This straight-up seems like fascism.”
DC Comics is reportedly challenging the new logo of a Spanish soccer team, insisting it too closely resembles the familiar Batman emblem.
According to Eurosport, La Liga club Valencia C.F. sought to register a trademark for a variation of its crest, leading the publisher to file a complaint with the European Union’s Office for the Harmonization of the Internal Market.
As the website notes, the bat has been used in Spanish heraldry since the 13th century, and is part of the coat of arms of Valencia and other cities in eastern Spain. Valencia C.F. has used bats in its club logo since 1919, two decades before the debut of the Dark Knight in Detective Comics #27.
Dozens of drivers in Fort Lee, New Jersey, were ticketed on Halloween for failing to yield at a crosswalk to a 6-foot-8-inch Donald Duck. Go ahead, read that sentence again.
The police department saw the holiday as a perfect opportunity to deploy its decoy program, and dressed an officer as the Disney character to ensure motorists are stopping for pedestrians. By day’s end, WABC-TV reports, 130 drivers received tickets of $230, plus two points on their licenses.
However, one motorist insists the Duckburg-style sting wasn’t fair, and pledges to fight her ticket.
The U.S. Supreme Court today declined to consider a case brought by the estate of Arthur Conan Doyle, which means the bulk of the Sherlock Holmes stories and characters have officially entered the public domain.
The author’s estate petitioned the high court in September, seeking to overturn a Seventh Circuit finding that 50 Sherlock Holmes stories published before Jan. 1, 1923, have entered the public domain.
Doyle’s heirs had long insisted that publishers, television networks and film studios pay a licensing fee to use the characters and story elements. Many, including Warner Bros. and CBS, complied, but Sherlock Holmes expert Leslie Klinger refused to fork over $5,000 while assembling In the Company of Sherlock Holmes, a collection of new stories written by different authors. When the Doyle estate sent a letter to the publisher threatening to block sales of the book through Amazon, Barnes & Noble and other retailers, Klinger sued.
In a series of legal defeats, the Doyle estate not only lost any claim to the stories but had to endure stinging public reprimands by Judge Richard Posner, who labeled the licensing fees as “a form of extortion” and praised Klinger for performing a “public service” by filing his lawsuit.
Still reeling from its loss Wednesday in the Ninth Circuit, Stan Lee Media today suffered another defeat in Pennsylvania, where a federal judge ruled the failed dot-com can’t insert itself into Disney’s dispute with a theater company by asserting ownership of Spider-Man.
As you may recall, Disney in September 2013 sued Lancaster, Pennsylvania-based American Music Theatre, claiming its musical revue Broadway: Now and Forever used unlicensed elements Spider-Man, Mary Poppins and The Lion King. However, as Disney’s attorneys later noted, that “simple case” was “transmogrified” when the theater announced it had retroactively licensed Spider-Man … from Stan Lee Media.
That conveniently opened the door for the company to sue Disney, seeking a jury trial regarding ownership of Spider-Man, an issue Stan Lee Media argued had never been directly addressed by any court. It was certainly a creative maneuver using one of the few potential paths left to pursue its fight with Marvel and Disney (a clearly annoyed judge had warned in September 2013 that any attempt to amend its previous lawsuit against the House of Mouse would be “futile”).
Even as Disney and Stan Lee Media argue their case in one appeals court, another has dealt a setback to the failed dot-com’s feud with its co-founder and namesake.
According to Courthouse News Service, a panel for the Ninth Circuit Court of Appeals ruled today that a California federal judge made the right decision in 2012 when he dismissed a shareholder lawsuit against Stan Lee seeking millions in profits and ownership of his Marvel co-creations.
Stan Lee Media has long insisted that between August 1998, when Marvel terminated Lee’s $1 million-a-year lifetime contract, and November 1998, when he entered into a new agreement with the House of Ideas, the legendary creator signed over his likeness and the rights to all of the characters he co-created — Spider-Man, the Avengers and the X-Men, among them — to Stan Lee Entertainment, which later merged with Stan Lee Media. That company in turned filed for bankruptcy in February 2001; it emerged from protection in November 2006, and within months, the first of numerous lawsuits (against Marvel, Lee, Disney and others) was filed.
When we last left Deadmau5, the world-famous DJ/producer was publicly accusing Disney of copyright infringement in retaliation for the entertainment giant’s effort to block the trademark for his signature “mau5head” logo. At 171 pages, the company’s notice of opposition was certainly thorough, but that’s nothing compared to the DJ’s formal response.
Hollywood Esq. reports that on Monday, Deadmau5 filed more than 1,000 pages — when you take exhibits into account — with the U.S. Patent and Trademark Office, addressing not only the drier issues of whether his logo might be confused with Disney’s famed mouse ears, but also some considerably more interesting matters.
Law 360 reports the failed dot com argued before a panel of the Ninth Circuit that the case shouldn’t have been dismissed in 2012 by a California federal judge simply because an identical action in New York was determined two years earlier to be time-barred. However, Lee’s attorney countered that the lead plaintiff in both shareholder actions was Jose Abadin, president of Stan Lee Media.
The backstory is familiar by now to ROBOT 6 readers, but here’s the CliffsNotes version: In 1998, during Marvel’s bankruptcy, CEO Isaac Perlmutter briefly ended its $1-million-a-year lifetime contract with Lee, freeing the legendary creator to form Stan Lee Entertainment, which later merged with Stan Lee Media. That company in turned filed for bankruptcy in February 2001; just four months after SLM emerged from protection in November 2006, shareholders filed a $5 billion lawsuit against Marvel.