Marvel / NCSoft Litigation Update

TerraNova has linkage regarding an update to the Marvel vs. NCsoft case. The litigation, contesting the use of Marvel character facsimilies in NCSoft's City of Heroes, has been taken to a new level. NCSoft has retained the services of Cooley Godward LLP and filed a motion to dismiss the case. A lot of good rhetoric in the brief, including: "[City of Heroes] allows young and old to exercise their imaginations to create super-powered beings and send them off to interact with the creations of other individuals in a virtual world called Paragon City. If it should be banned, then so should the #2 pencil, the Lego block, modeling clay, and anything else that allows one to give form to ideas..."

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Marvel lawsuit and Stan Lee

[Scott7477]

Speaking of lawsuits involving Marvel, here is some news from New York's Newsday:

Comics legend Stan Lee wins judgment worth potential millions
By LARRY McSHANE
Associated Press Writer
January 19, 2005, 5:08 PM EST
NEW YORK -- Stan Lee, the legendary cartoon hero creator who gifted Spider-Man with the powerful "spidey-sense," is feeling a tingling of his own _ in his wallet.
A Manhattan federal judge ruled that Lee is entitled to a potential multimillion-dollar payday from Marvel Enterprises off profits generated by the company's television and movie productions _ particularly the box-office smash "Spider-Man," which earned more than $800 million worldwide, and its hugely successful sequel.
"It could be tens of millions of dollars," Howard Graff, attorney for Lee, said Wednesday. "That's no exaggeration."
The Monday ruling from U.S. District Court Judge Robert W. Sweet found that Lee was entitled to a 10 percent share of the profits generated since November 1998 by Marvel productions involving the company's characters, including those created by the prolific cartoonist.
"I am gratified by the judge's decision although, since I am deeply fond of Marvel and the people there, I sincerely regret that the situation had to come to this," Lee said in a statement.
Sweet's decision didn't mention a dollar figure, although Graff was anticipating a windfall since the ruling also included DVD sales and certain merchandise. "The court essentially ruled in our favor virtually across the board," Graff said. "This is a sweeping victory for Mr. Lee."
John Turitzin, general counsel for Marvel, promised an appeal. Turitzin noted that Sweet ruled Lee was not entitled to money from certain movie-based merchandise, and that the judge withheld judgment on money from joint-venture merchandise sales linked to the Spider-Man and Hulk movies.
"We intend to appeal those matter on which we did not prevail, and to continue to contest vigorously the claims on which the court did not rule," Turitzin said in a statement. The remaining issues could go before a jury if the two sides can't reach a settlement.
The lawsuit marks an acrimonious final chapter in the long and productive relationship between Marvel and Lee, who spent the last six decades working for the company. During a storied career, Lee created indelible Marvel fixtures such as the X-Men, the Incredible Hulk, Daredevil and The Fantastic Four.
"Mr. Lee did not begin this lawsuit without a lot of thought and reservation," Graff said. "He was not pleased to do it. He was saddened by the fact that things came to the point where he had to actually start a lawsuit against Marvel."
The 82-year-old Lee filed suit in November 2002, claiming an agreement he had signed four years earlier entitled him to 10 percent of Marvel's haul from its television and movie productions, as well as merchandising deals.
He already earns a $1 million a year salary from Marvel as part of the agreement, but felt he was getting stiffed on additional income due him under the deal.
The money involved was substantial, particularly involving the Spider-Man and Hulk movies. Spider-Man earned $114.8 million on its opening weekend, with Marvel eventually collecting more than $50 million in profits. "The Hulk" earned more than $125 million in the United States alone.
Copyright © 2005, The Associated Press

In my opinion, Stan deserves every nickel. His comic book series were the premier of the genre in their day. Spiderman was my all time favorite and I was very happy to see how well done the movies were.