McFarlane bankrupt (stupid lawsuit)
McFarlane bankrupt (stupid lawsuit)
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...
Next up: Hundreds of Clark Kents, Peter Parkers and Bruce Waynes file lawsuits against Marvel and DC...
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- Lord Decepticon
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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.
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."?
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- Dead Man Wade
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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.
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.
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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?
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- Dead Man Wade
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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.
Do people not see something just a little bit f*cked about that?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
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...
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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.
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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.
somewhat happy.
I would be alot more happier if Neil Gaiman cleared and/or got the full rights to Miracleman from him though.
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