Originally posted at http://robot6.comicbookresources.com/2012/04/dynamite-responds-to-erb-inc-lawsuit-over-john-carter-tarzan/
In response to the lawsuit filed in February by Edgar Rice Burroughs Inc., Dynamit has filed what amounts to a blanket denial to accusations of trademark and copyright infringement and unfair competition involving its Lord of the Jungle and Warlord of Mars comics.
ERB Inc., which holds the existing rights to the works of the author of Tarzan and John Carter of Mars, claims the comics Lord of the Jungle, Warlord of Mars, Warlord of Mars: Dejah Thoris and Warlord of Mars: Fall of Barsoom are likely to "deceive, mislead and confuse the public" about the source or sponsorship of the content, causing "irreparable injury" to the family-owned company. It also insists the titles were published without authorization after Dynamite Entertainment President Nick Barrucci was told that Dark Horse held the licenses for the Tarzan and John Carter of Mars books.
In its answer to the complaint, filed last week in federal court in New York City and first reported by The Beat, Dynamite points out that the Burroughs works on which the comics are based are no longer protected by U.S. copyright law. As to the trademarks, the publisher notes, "There are numerous examples of Burroughs’ novels, and other works inspired by Burroughs’ novels bearing such alleged marks or similar marks, which have been published by third parties without any reference to" ERB Inc.
"In addition, Burroughs’ public domain novel Tarzan of the Apes has been republished by numerous publishers without any attribution to plaintiff, and the basic story of a jungle-dwelling, Tarzan-like character has appeared in and film without any affiliation to plaintiff," the document states.
Dynamite, of course, asks the court to dismiss the lawsuit, which will likely be watched closely by those concerned with what’s been characterized as an effort to use a trademark to, effectively, prolong the duration of copyright.
More to come on this case.
Showing posts with label WARLORD OF MARS: FALL OF BARSOOM. Show all posts
Showing posts with label WARLORD OF MARS: FALL OF BARSOOM. Show all posts
Friday, April 6, 2012
Tuesday, November 29, 2011
Dynamite Entertainment Releases an Extended Preview of WARLORD OF MARS: FALL OF BARSOOM #4
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| Cover: Francesco Francavilla |
BARSOOM #4, which debuts November 30th wherever you buy your favorite comic book entertainment.
Click on images for a larger view.
WARLORD OF MARS: FALL OF BARSOOM #4
32 pages FC • $3.99 • Teen +
Written by ROBERT PLACE NAPTON
Art by ROBERTO CASTRO
Covers by JOE JUSKO (main), FRANCESCO FRANCAVILLA (1-in-10)
"Black & White" Retailer incentive cover by JOE JUSKO
"Virgin Art" Retailer incentive cover by FRANCESCO FRANCAVILLA
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| Cover: Joe Jusko |
This is the penultimate chapter in the Fall of Barsoom!
To learn more about Dynamite Entertainment, please visit http://www.dynamite.net/.
Look for WARLORD OF MARS: FALL OF BARSOOM #4 in stores November 30th.
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