Marvel Sues Buena Vista Over Spider-Man Artwork
Billie
rights to superhero Spider-Man, is suing Walt Disney Co.'s Buena Vista home
entertainment unit, saying Buena Vista used its artwork without permission to
promote a Spider-Man cartoon series unrelated to the current hit film.
The suit, filed in Manhattan federal court late on Wednesday, seeks an
immediate injunction against Buena Vista to stop it using the artwork. It also
wants the court to order Buena Vista to retrieve and destroy all copies of the
artwork already in circulation.
Officials of Marvel and Buena Vista were not immediately available for comment.
A court clerk said a hearing date had been set for the morning of May 17.
Marvel said Buena Vista had timed the release of a new Spider-Man home video
cartoon series to coincide directly with the opening of Columbia Pictures' new
"Spider-Man" movie, which opened last week and set a new box office record by
pulling in $115 million in its first weekend.
Marvel said Buena Vista had sought its permission to release the cartoon series
but had not been given authorization to use the company's Spider-Man artwork
for use in its advertising and promotion materials. It said advertisements
appeared in such newspapers as The Daily News and Newsday in New York City and
in Toys 'R Us and Wal-Mart stores in different parts of the United States.
"Buena Vista is advertising and promoting its exploitation of the series
through the use of artwork that is directly copied from the Marvel 'Spider-Man'
artwork," Marvel said in its suit. "Marvel has not consented to or approved of
such usage."
Specifically, Marvel said Buena Vista had copied the artwork picturing
Spider-Man scaling the side of a tall building from the vantage point of
someone on the roof looking down at the character creeping up.
It said the artwork was "virtually identical" to Marvel's Spider-Man image,
including the positions of the character's legs, arms, hands and fingers.
"STUPIDITY IS NOT A HANDICAP. Park elsewhere!"
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