Who Is Your Lawyer? » Disney

Another Cinderella Story

Robert Scott Lawrence — Wed, 20 Apr 2011 05:56:48 +0000

My name is Bob Cinderella. I own Bob Cinderella’s Shoe Emporium down in Missou, just like my daddy owned it before me, and his daddy owned it before him. My friend Clyde McDonald owns the cafe down the street, McDonald’s Cafe, just like his daddy owned it before him, and his granddaddy before him. My neighbor across the way, Dick Ford, owns the Ford dealership — Ford’s Fords – even though he mostly sells Hyundais these days. And the mailman, Tim Nugent, plays in a honky-tonk band called Live Nugent Girls, which is a big hit with the college crowd up the road a ways.

Last week all of us got letters from some big city lawyer telling us to “cease and desist” our “flagrant infringement of trademarks, copyrights, and other intellectual property rights of named plaintiffs herein, etcetera etcetera etcetera.”

Turns out Disneyland claims I can’t use the name Cinderella if I own a store that sells slippers (even if I don’t stock any glass ones). McDonald’s says Clyde has to change the name of his cafe or they’ll make sure his kids can’t afford to go to college. Ford Motor Company doesn’t like that Dick Ford is “trading off their name” — even though it’s his name too, and he’s selling their cars for them. And some hippy rocker is threatening to sue my postman for “trade libel” because, according to him, there “can only be one” Nugent who plays a guitar and has long hair.

Like that’s some accomplishment no one else ever dreamed up, having long hair and playing the guitar.

Is it just me, or has the world gone crazy?

What does Disney care if there’s another Cinderella dancing off in the forest somewhere?

What does McDonald’s care about some small town cafe that was here 30 years before Ray Kroc even started his franchise?

What is Ford getting all high and mighty about after their stock was down so low they went begging after government money?

And what does some old crazy rocker care about, at all? If he needs money he can just go on television with Gary Busey. They can dance around naked for charity while some heavyset fella screams at Michael Jackson in the background.

Is this what the world has come to?

What do you think?

Who Owns Captain America?

Robert Scott Lawrence — Wed, 17 Mar 2010 22:14:56 +0000

In January, Marvel Comics filed a lawsuit in federal court in New York seeking a declaration that all of Jack Kirby’s creations belong to Marvel under the “work -for-hire” doctrine. This month, the Kirby kids have retaliated by filing suit against Marvel and Disney in federal court in Los Angeles seeking a declaration that the copyright termination notices they sent out last September are valid, and that the copyright in all of Kirby’s characters — including Captain America, the Fantastic Four, Thor, and the X-Men — will revert to the heirs over the next several years.

The timing of the suit could not be better — given Hollywood’s continuing fascination with superheroes, and the upcoming release of the first Captain America movie, the litigation theatrics should commence shortly. Stay tuned for further details, and be sure to check out Eriq Gardner’s article in the The Hollywood Reporter.

Disney Gets Marvel, But Who Gets the Characters?

Robert Scott Lawrence — Sun, 07 Feb 2010 03:30:59 +0000

When Disney announced that it was buying Marvel for $4 billion last fall, the hype failed to mention that Jack Kirby‘s kids were seeking to recover ownership rights to some of the most popular titles in recent times — including such luminaries as X-Men, the Fantastic Four, Spider Man, the Avengers, and the Incredible Hulk. While the notices of termination served by clan Kirby would not take effect until 2014 at the earliest, whether the heirs of the acknowledged co-creator of these characters can reclaim ownership rights is potentially a $1 billion question. Given the increasing popularity of the superhero genre at the box office and — on the heels of Avatar — the obvious interest in producing 3D tales of their heroic adventures, the battle for ownership is likely to be protracted. In response to the Kirby’s shot across the bows, Marvel last month filed suit in federal district court in Manhattan seeking a declaration that Kirby’s creation of the characters was simply work-for-hire, and that his heirs have no ownership interest nor right to any additional compensation.

If the story has a familiar ring to it, that’s because this bell has been rung before. Those of you who follow the always-entertaining rulings produced by Hollywood copyright skirmishes will recall that in 2008 the heirs of Jerry Siegal recovered a share of the copyright in Superman, which had been sold to Detective Comics for $130 in 1938. Doubtless the Kirby kids are seeking a bigger check than that.

To follow the saga of the Kirby’s claims in more detail, start with Ben Fritz’s article in the LA Times and follow the links.

Who Is Your Lawyer? » Disney

Another Cinderella Story

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