2013 Merchandise & Miscellaneous News Archives

February 7, 2013: Siegel and Shuster Attorney Back in Court

Superman Court Case As you know, last month the 9th Circuit Court of Appeal ruled in favor of Warner Bros. in the lengthy legal battle over the rights to Superman, granting full ownership of the character.

A new development has seen reports across the internet claiming that Marc Toberoff, the lawyer representing the Siegel and Shuster families, has asked the lower court to dismiss DC's copyright lawsuits. However that's not exactly what's happening...

    On February 4, Marc Toberoff filed a motion in federal district court in the Pacific Pictures case. This motion asked the court to dismiss three of DC's claims for relief. All three of these claims were based primarily in state tort law, not federal copyright law, and the court's decision on these issues would not undo the previously determined status of the heirs' claims to the copyright.

    What the reports have noted correctly in part is that Toberoff's motion to dismiss are based (for the most part) on the pertinent statute of limitations. In brief, Toberoff argues that DC filed too late in regard to its tortious interference with contract and tortious interference with economic advantage claims.

    Whether the statute of limitations had indeed tolled is an interesting question for lawyers fascinated by procedure (I know you're out there!), but for the comics community what's most important is that the only thing the judge's findings will affect is whether Toberoff and Pacific Pictures will have to pay DC damages and attorney fees on these claims.

In summary, Toberoff appears to be conceding that the fight over Superman's copyright ownership is over.

Read Jeff Trexler's complete report at ComicsBeat.com.



2013 Merchandise & Miscellaneous News

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