American Music Theatre Archives - Robot 6 @ Comic Book Resources

Stan Lee Media can’t assert Spider-Man ownership in Disney suit

Stan Lee Media

Stan Lee Media

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”).

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Stan Lee Media fires back at Disney in fight over Spider-Man

spider-manFighting an effort to end its persistent claims to Spider-Man, the tenacious Stan Lee Media Inc. insists it’s up to Disney to prove ownership of the Marvel superhero.

In documents filed Tuesday in federal court in Philadelphia, the failed dot-com again argued that none of the previous cases over the past decade — and there have been many — has directly addressed the merits of its ownership claims. “No judge has decided that Disney actually owns the Spider‐Man copyrights or, for that matter, that SLMI does not own the copyrights,” the papers state. “[…] That issue has never been decided, and Disney has now placed it directly before the court in this case.”

“This case” is a copyright- and trademark-infringement involving the use of elements from Spider-Man, Mary Poppins and The Lion King in a musical revue staged by the Lancaster, Pennsylvania-based American Music Theatre. What Disney’s lawyers thought would be “a simple case” took an unexpected turn in November when the theater responded that it had licensed Spider-Man, from Stan Lee Media, which was named in a third-party counterclaim (the license was obtained after Disney filed suit). That opened the door for the company, which no longer has a connection to Stan Lee, to sue Disney, seeking a jury trial regarding ownership of Spider-Man, and, presumably, the other Marvel characters it’s sought since emerging from bankruptcy in 2006.

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Disney seeks to end Stan Lee Media’s pursuit of Marvel heroes

disney-marvel-logoAfter being pursued in court over the past seven years by Stan Lee Media, Marvel and its corporate parent Disney have had enough: On Valentine’s Day, the companies asked a federal judge to put a stop to the failed dot-com’s dogged claims of ownership of Spider-Man, the Avengers, the X-Men and other lucrative characters.

Filed Friday in federal court in Philadelphia, and first reported by Hollywood, Esq., the motion to dismiss comes as part of what began in September as a seemingly straightforward copyright- and trademark-infringement lawsuit involving the use of elements from Spider-Man, Mary Poppins and The Lion King in a musical revue staged by the Lancaster, Pennsylvania-based American Music Theatre.

However, as Disney states in its filing, that “simple case” was “transmogrified” with the surprising assertion in November from the theater that it had licensed Spider-Man … from Stan Lee Media, which was named in a third-party counterclaim (it should be noted the license was obtained after Disney filed suit). That conveniently opened the door for the company, which no longer has a connection to its co-founder and namesake, to sue Disney on Feb. 7, seeking a jury trial regarding ownership of Spider-Man, and, presumably, other characters co-created by Stan Lee.

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Stan Lee Media steps into licensing dispute, sues Disney

marvel superheroes

Continuing its long, and so far wholly unsuccessful, fight for ownership of many of Marvel’s best-known characters, the tenacious Stan Lee Media has sued a Walt Disney Co. subsidiary, seeking to join a dispute about licensing Spider-Man for the stage.

In September, Disney Enterprises, Marvel and Cameron Mackintosh Ltd. sued Lancaster, Pennsylvania-based American Music Theatre, saying it violated copyrights and trademarks by using elements of Spider-Man, Mary Poppins and The Lion King in its musical revue Broadway: Now and Forever (Disney and Mackintosh jointly hold the copyright to the Mary Poppins stage production). The theater responded in November with the surprising claim that Disney doesn’t own Spider-Man. Instead, the counterclaim stated, the character belongs to Stan Lee Media, which licensed the rights to the American Music Theatre.

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Stan Lee Media takes another stab at Marvel character rights

Spider-manSay what you will about the shareholders of Stan Lee Media, but despite suffering one loss after another in their decade-long battle for the rights to Marvel’s best-known characters, they’re still unwilling to concede defeat.

In papers filed Tuesday in federal court in Philadelphia, and first reported by Deadline, the failed dot-com now seeks a declaratory judgment that it, and not Disney or Marvel, owns Spider-Man, Iron Man, the X-Men, Thor and other superheroes.

The move, which comes just three months after an annoyed federal judge dismissed their multibillion-dollar claim against Disney, springs from a lawsuit filed in September by the media giant against the American Music Theatre, which is accused of using elements of Spider-Man, Mary Poppins and The Lion King in a stage revue without permission. In a surprise twist, the Lancaster, Pennsylvania-based theater responded last month that it has a license to use Spider-Man and numerous other Marvel heroes — through an exclusive agreement with Stan Lee Media. Somewhat conveniently, American Music Theatre filed a third-party counterclaim against Stan Lee Media, opening the door for Tuesday’s filing.

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Theater claims it licensed Spider-Man from Stan Lee Media

Disney and MarvelNo matter how hard they try, Disney and Marvel can’t seem to shake the specter of Stan Lee Media: Just two months after a federal judge dismissed a multibillion lawsuit against Disney for ownership of the Marvel characters co-created by Stan Lee, the failed dot-com has emerged in another, seemingly unrelated dispute.

In September, Disney, Marvel and Cameron Mackintosh Ltd. sued Lancaster, Pennsylvania-bases American Music Theatre, saying it violated copyrights and trademarks by using elements of Spider-Man, Mary Poppins and The Lion King in its musical revue Broadway: Now and Forever (Disney and Mackintosh jointly hold the copyright to the Mary Poppins stage production).

On Monday the theater responded with an eye-opening claim of its own: that Disney doesn’t own Spider-Man. Instead, the counterclaim states, the character belongs to Stan Lee Media, which licensed the rights to the American Music Theatre.

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