McFarlane bankrupt (stupid lawsuit)

Nevermore · Post by **Nevermore** » Sat Dec 18, 2004 6:31 pm

http://news.yahoo.com/news?tmpl=story&u ... nkruptcy_3

Next up: Hundreds of Clark Kents, Peter Parkers and Bruce Waynes file lawsuits against Marvel and DC...

BigMaki · Post by **BigMaki** » Sat Dec 18, 2004 6:44 pm

Couldn't happen to a nicer guy. Too bad it sets a horrible precedent.

Lord Decepticon · Post by **Lord Decepticon** » Sat Dec 18, 2004 7:23 pm

I was never big on Spawn, but he's a great character and poor McFarlane.

Baxter · Post by **Baxter** » Sat Dec 18, 2004 7:47 pm

Boy, talk about a tainted jury.
Tony Twist's best years came in St. Louis.
I'm suprised Todd's lawyers didn't request a change of venue.
Unless that's not available in a civil trial.

DrSpengler · Post by **DrSpengler** » Sat Dec 18, 2004 11:54 pm

Personally, Spawn went from being an okay book to an excelent book the moment McFarlane stopped having anything to do with it other than getting a check in the mail every month.

RBison · Post by **RBison** » Sun Dec 19, 2004 12:04 am

This lawsuit is so stupid.....

Post by **Denyer** » Sun Dec 19, 2004 1:06 am

What the f*ck are 'publicity rights'?

If TT actually had a name trademarked and on merchandise before the use, I suppose it might be a different story.

Ultimate Weapon · Post by **Ultimate Weapon** » Sun Dec 19, 2004 1:10 am

He can probably auction his baseballs.

Jetfire · Post by **Jetfire** » Sun Dec 19, 2004 5:46 pm

Originally posted by Lord Decepticon
I was never big on Spawn, but he's a great character

Yeah. So great you were never big on him :rolleyes:

and poor McFarlane.

Not poor. MacFarlane is a b###### of the worst order. He has screwed many artists, doesn't give royaties where due and is a greedy SOB who should burn in hell.

Post by **Hound** » Sun Dec 19, 2004 5:56 pm

Don't hold back now Jets, tell us how you really feel...

Yeah, McFarlane may be a total ass but this is a ridiculous lawsuit...

Nevermore · Post by **Nevermore** » Sun Dec 19, 2004 9:20 pm

Whatever happened to "Any similarities between names, characters, persons or institutions with those of the living or the dead is unintentional and is purely coincidental."?

Dead Man Wade · Post by **Dead Man Wade** » Sun Dec 19, 2004 10:05 pm

Okay, here's the deal. Tony Twist is perfectly within his rights. Do I think it's stupid? Yes. I think he should get over it and get on with his life. But the lawsuit isn't what could be called frivolous.

As for the publicity rights, someone like Tony Twist will have contracted the rights to publicize his name, such as to whatever team he happens to work for at the time. So, technically, whomever uses his name without permission, whether intentional or not, is in violation of said contract.

If he were random schmuck, it wouldn't be an issue, and this case would have been thrown out in an instant. However, as Tony Twist is someone whose name has a certain degree of inherent recognition, and his name is already contractually protected, he has every right to sue.

Cliffjumper · Post by **Cliffjumper** » Mon Dec 20, 2004 12:27 pm

OH YES TAKE THAT McFARLANE YOU UGLY ****-EATING WANKER!

Frankly, a money-grabbing son-of-a-bitch like Todd deserves to get buggered by one of his own, and I really can't see anyone who appreciates comics caring.

Now, rest of The Silver Age please someone

Jetfire · Post by **Jetfire** » Mon Dec 20, 2004 5:24 pm

Originally posted by Hound
Don't hold back now Jets, tell us how you really feel...

I would, but Cliffy did it for me

Nevermore · Post by **Nevermore** » Mon Dec 20, 2004 6:35 pm

Originally posted by fort_max
If he were random schmuck, it wouldn't be an issue, and this case would have been thrown out in an instant. However, as Tony Twist is someone whose name has a certain degree of inherent recognition, and his name is already contractually protected, he has every right to sue.

That means if by some lucky chance, my real name is Tony Twist, I'm not allowed to use that name in public or I could get sued?

Galvatron91 · Post by **Galvatron91** » Mon Dec 20, 2004 8:41 pm

Funny how once McFarlane started Image, he did the same thing to his artists that he left Marvel over. While this suit is complete bull****, it is still one of those funny things where you don't feel all that bad about because it happened to such a cocksmoker.

Dead Man Wade · Post by **Dead Man Wade** » Mon Dec 20, 2004 9:11 pm

Originally posted by Nevermore
That means if by some lucky chance, my real name is Tony Twist, I'm not allowed to use that name in public or I could get sued?

Not at all.

The problem comes in when it's a fictional character in a nationally distributed comic book.

Now, if Tony Twist were your real name, the only conceivable problem would be if you were to publicize yourself in some way, and even that's highly unlikely.

Post by **Denyer** » Tue Dec 21, 2004 2:10 am

Originally posted by fort_max
if Tony Twist were your real name, the only conceivable problem would be if you were to publicize yourself in some way

Do people not see something just a little bit f*cked about that?

Rather like McDonalds trying (and failing, from all that I'm aware) to take half of Scotland to court for the number of restaurants with McDonalds, MacDonalds, etc. in their names...

Dead Man Wade · Post by **Dead Man Wade** » Tue Dec 21, 2004 2:59 am

Originally posted by Denyer
Do people not see something just a little bit f*cked about that?

I really should have been more clear in my previous post. The only conceivable trouble one could get into would be if one got taken to court over it (which could possibly happen in the litigation-happy U.S.). However, the case wouldn't hold any water, and would most likely be thrown out immediately.

As I said, though, this case is a little different in that it's a fictional character, and a gangster at that.

EDIT: Also, I'd like to point out that it's much the same as SAG. Many actors have to use a nickname, or change their name completely, if another actor is already using that name. Take David Hyde Pierce, for example. When he got into the business, there was already a David Pierce, which is why he added the 'Hyde'. That's the primary reason you're never going to see his name as anything other than 'David Hyde Pierce' in the credits, even in the interest of brevity.

Cyberstrike nTo · Post by **Cyberstrike nTo** » Wed Dec 22, 2004 8:48 pm

Ok it's a very stupid lawsuit but McFarlane deserved it, and I'm
somewhat happy.
I would be alot more happier if Neil Gaiman cleared and/or got the full rights to Miracleman from him though.