Bobby Lee Media can't assert Spider-Man ownership in Disney phone cases suit
through the process of Kevin Melrose | October 33, 2014 @ 3: 17 PM HOURS | 5 Comments |
Seriously reeling from its loss Wednesday during Ninth Circuit, Stan Lee Tv and radio stations today suffered another defeat located in Pennsylvania, where a federal judge led the failed dot-com can't stick in itself into Disney iPhone cases's dispute obtaining a theater company by asserting although of Spider-Man.
As you may recall, The disney produtcions in September 2013 sued Lancaster, Pennsylvania-based American Music Theatre, proclaiming its musical revue Broadway: From now on and Forever used unlicensed aspects Spider-Man, Mary Poppins and The Big cat King. However , as Disney's law firm later noted, that "simple case" was "transmogrified" when the theater released it had retroactively licensed Spider-Man :( from Stan Lee Media.
Where conveniently opened the door for the business organisation} to sue Disney, seeking a complete jury trial regarding ownership involving Spider-Man, an issue Stan Lee Tv and radio stations argued had never been definitely addressed by any court. The item certainly a creative maneuver using one of the most important few potential paths left so that you pursue its fight with Marvel furthermore Disney (a clearly annoyed magistrate had warned in September 2013 that any attempt to amend their previous lawsuit against the House involving Mouse would be "futile").
This court action, like the myriad others, is based on Bobby Lee Media's insistence that stuck between August 1998, when Marvel over Lee's $1 million-a-year lifetime service, and November 1998, when he inked a new agreement with the House involving Ideas, the legendary creator fixed over his likeness and the practices to all of the characters he co-created to Stan Lee Entertainment, understanding that later merged with Stan Even offers Media. That company, which has not been connected to its co-founder furthermore namesake in more than a decade, located in turned filed for bankruptcy located in February 2001, emerging from policy cover in 2006. Shortly thereafter, the legal cases began; none has been successful.
Any kind of a frustrated Disney asked the magistrate in March to put an end so that you Stan Lee Media's "frolic, " arguing that not only have four govt courts precluded the company from relitigating its ownership of the copyrights specific to its 1998 agreement with Even offers, but that its claims will most certainly be barred by a three-year statute involving limitations.
And, as Hollywood Esq. reports, U. S. District Expert Jeffrey Schmehl agreed, writing, "These issues have previously been met in one form or another by browse courts around the country. "
The thing that is left for Stan Lee Tv and radio stations, which has suffered loss after shortage over the past seven years? Well, there exists the case pending before the 10 Circuit, which involves the same issues because this one (although without the American Tones Theatre caught in the middle). Not to mention, of course , there are inevitable appeals utilizing some of these other lawsuits. After all, Bobby Lee Media draws from dependable pockets — an investment group backed with the $21 billion hedge pay Elliott Management — and other unlikely to back down until any avenues are closed.
Tagged: North american Music Theatre, copyright, Disney, worthy, spider-man, Stan Lee, Stan Even offers Media