Thor looks upset...
Posted on 03/17/2007 9:09:50 AM PDT by doug from upland
Stan Lee Media Sues Marvel
Friday, March 16, 2007
By: Ryan Ball
Stan Lee Media, a company founded in 1998 by celebrated comic-book creator Stan Lee, is suing Marvel Ent. for $5 billion. Filed yesterday in United States District Court for the Southern District of New York, the claim alleges that Lee, after his employment with Marvel was terminated nine years ago, transferred rights to comic book characters he co-created to Stan Lee Media ownership.
Lee, who is no longer affiliated with Stan Lee Media and has no part in the suit, issued a statement reading, "I do not support this action and believe the suit to be baseless." The comic guru is currently suing the Stan Lee Media, challenging the legitimacy of its management. The company recently went into bankruptcy and is seeking to recover revenues Marvel has earned from such popular comic-book properties as Spider-Man, X-Men and The Incredible Hulk. Marvel says the claim has no merit and is confident that it will prevail in the dispute.
Stan Lee currently serves as publisher emeritus of Marvel Comics, while also running POW! Ent. He himself sued Marvel Ent. in November or 2002, claiming that he was entitled to a share of profits earned by the company from the blockbuster Spider-Man movies and other film and television productions that feature Marvel characters. Marvel was ordered to pay him 10% of profits earned since 1998 and appealed the decision, but later settled with Lee for an undisclosed amount.
=======================================================================
Okay, Marvel claims the suit has no merit. For the first time, FReepers, here are the two contracts for your consideration.
Oct. 15, 1998 CONTRACT WITH STAN LEE MEDIA
November 1998 CONTRACT WITH MARVEL
Stan Lee Entertainment Inc.
15821 Ventura Blvd., Suite 675
Encino, CA 91436
October 15, 1998
Mr. Stan Lee
9143 Oriole Way
Los Angeles, CA 90068
Re: Employment Agreement/Rights
Assignment
Dear Stan:
Confirming our discussions, this letter, when accepted and agreed by you, shall constitute an agreement-between you and Stan Lee Entertainment, Inc. (the "Company") relating to the terms of your employment with the Company as set forth below:
1. Stan Lee will serve as Chairman and Chief Creative Officer of Company, based in Los Angeles, for a term commencing as of the date hereof and terminating on the death of Stan Lee.
2. Stan Lee's services shall be exclusive with the exception of those services provided under a lifetime agreement with Marvel Enterprises, Inc., which shall require no more than an average of 10 - 15 hours per week on its behalf. All other services performed and intellectual property created for the Company, or for any other entity, which entity shall be approved in writing by the Company, shall inure to the benefit of the Company to the entire extent your participation provides. Your services to Company shall include, but not be limited to, the following:
(a) Serve, and be listed in all directories and publications, as Chairman, Publisher and Chief Creative Officer of the Company, including attending corporate meetings, developing and supervising development and production of intellectual property in any and all media, directing and guiding the creative staff or staffs of the Company, all subsidiaries and affiliates as reasonably requested by the company.
(b) Act as Executive Producer or Co-Executive Producer for all media productions and receive customary fees accordingly.
(c) Apply your good faith, best efforts to enhance the brand and good will of the company, support and stimulate strategic alliances, joint ventures, sponsors, production partners and all direct and ancillary business of the company.
(d) Serve as spokesman for the company to all media and assemblies as reasonably requested by the company.
Page 1 of 3
EX-10.41 2nd Page of 3 TOC 1st Previous Next Bottom Just 2nd
(e) Take all actions and contribute all creative talents within your reasonable capability, pursuant to your good faith determination of your schedule, as may reasonably be required to advance the interests of the company.
3. As compensation to you for all rights and services contributed by you, to the Company hereunder, notwithstanding any disability, the Company agrees to provide the following compensation for your life:
a) Base Salary - You shall receive a base salary of $250,000 (Two Hundred Fifty Thousand Dollars) per annum payable in equal monthly installments commencing February 1, 1999, payable to you or any company you so designate in lieu of making payments to you individually.
b) Bonuses - You shall receive bonuses on those projects you personally initiate and/or accomplish with approved entities from your participation as assigned to the company. You shall also receive ten per cent of all net profits after taxes reported by the Company on its Federal Tax Return. The Company will compute, account and pay to you your participation due, if any, on account of said profits, for the annual period ending each January 31 during your life, on an annual basis within a reasonable time after the end of each such period.
c) Stock Options - The Company agrees to issue to you, in accordance with the Company's Stock Option Plan, as and when it may be adopted, the highest number of options offered to Company executives.
d) Expenses/Fringe Benefits - You are to receive prompt reimbursement for all ordinary and necessary business expenses incurred by you in connection with your activities on behalf of the Company upon presentation of appropriate documentation, and you shall be permitted your customary style of business travel, which shall be first class with sedan limousine and stay in deluxe hotels.
e) Insurance - The company shall no later than December 31, 1998, secure a term life insurance policy in the minimum principal sum of two million dollars, providing your designated heir as co-beneficiary with the company on the event of your death.
4. In express consideration for the performance of the foregoing obligations of the Company, you agree as follows:
a) I assign, convey and grant to the Company forever, all right, title and interest I may have or control, now or in the future, in the following: Any and all ideas, names, titles, characters, symbols, logos, designs, likenesses, visual representations, artwork, stories, plots, scripts, episodes, literary property, and the conceptual universe related thereto, including my name and likeness (the "Property") which will or have been in whole or part disclosed in writing to, published, merchandised, advertised, and/or licensed by Company, its affiliates and successors in interest and licensees (which by agreement inures to Company's benefit) or any of them and any copyrights, trademarks, statutory rights, common
Page 2 of 3
EX-10.41 Last Page of 3 TOC 1st Previous Next Bottom Just 3rd
law, goodwill, moral rights and any other rights whatsoever in the Property in any and all media and/or fields, including all rights to renewal or extensions of copyright and make applications or institute suits therefor (the "Rights").
b) Subject to a material breach of this agreement, I hereby agree to execute upon request from Company any documents it deems reasonably necessary to effect the purposes of this agreement,
c) Subject to a material breach of this agreement, I will never file with the U.S. Copyright or Patent and Trademark Office or any governmental or public agency, and will never assert or assist others in asserting on my behalf or in claiming rights through me, any claim to ownership of the Rights in the Property, or in making any objection to Company's complete and unrestricted right to use and exploit said Property or Rights in any form, manner or medium Company may desire.
5. This Agreement, including the assignment set forth herein, shall be binding upon the parties hereto, their affiliates and subsidiaries, legal representatives, successors and predecessors in interest, heirs and assigns.
6. The invalidity of any provision or part hereof or obligation hereunder, or the contravention thereby of any law, rule or regulation of any State, the Federal Government or any agency, shall not relieve any party from its obligation under, nor deprive any party of advantages of any other provision of this Agreement.
7. This Agreement will constitute the entire understanding between the parties in connection with Stan Lee's relationship with the Company from the date hereof and may not be amended or modified except by a writing signed by the party charged. This agreement shall be governed by and construed under the laws of the State of California.
Signed at Los Angeles, California, this 20 day of October, 1998.
Stan Lee Entertainment, Inc.
By: /s/ STEPHEN M. GORDON ------------------------------------ President
/s/ STAN LEE --------------------------------------- Stan Lee
================================================== ==================================================
MARVEL ENTERPRISES, INC. 685 THIRD AVENUE NEW YORK, NEW YORK 10017
As of November 1, 1998 Mr. Stan Lee
Re: Employment Agreement
Dear Stan:
Confirming the various discussions between your attorney Arthur Lieberman and Tuck Hardie of Marvel, this letter when accepted and agreed to by you constitutes an agreement between you and Marvel Enterprises, Inc. ("the Company"), the parent company of Marvel Characters, Inc. ("Marvel"), represented by us to be the survivor after bankruptcy of Marvel Entertainment Group, Inc.
1. You will serve as an employee of Company, or one of its affiliates as may be designated by the Company, based in Los Angeles for a term commencing as of the date hereof and terminating on your death. Notwithstanding such death, the compensation provided for in Section 4 hereof shall continue until the last to occur of (i) your death (ii) the death of your present wife, Joan Lee (provided that she is still your wife upon your death) or (iii) five years after the death of both you and Joan Lee, provided that your daughter Joan C. Lee survives both of you.
2. Your services shall be non-exclusive but your work for Marvel shall be on a preferential basis. You shall not, however, be required to put in more time on Marvel's behalf than you have averaged in the last two years, which shall be approximately 10-15 hours per week. Any time in excess of that shall be at your option but without additional compensation. It is agreed that you can engage in and be compensated for any activities outside those performed for the Company or Marvel including activities that are competitive to those of the company or its affiliates, so long as that
competition does not violate any of the intellectual property or other rights of the Company or Marvel or result from the unauthorized disclosure of the Company's proprietary or confidential information, if you are so advised of the proprietary or confidential nature of such information (at the time of disclosure) in writing. Your services to Marvel will consist of the following:
(a) Serve generally as a spokesman for Marvel, including giving speeches and interviews and visiting conventions on Marvel's behalf, as Marvel may from time to time reasonably request;
(b) Conferring on a regular basis with the creative staff at Marvel's various operations, guiding and advising the editorial and art personnel and the like in existing Marvel characters; and
(c) Work with motion picture and television producers and distributors to stimulate their licensing of Marvel characters and supervise movie and television projects of Marvel Characters on Marvel's behalf and be named executive producer or co-executive producer of such productions.
3. You will continue to serve as Publisher of Marvel Comics and your name and likeness shall be non-exclusively licensed to Marvel in the manner it has traditionally appeared on Marvel Comics as more specifically provided for in paragraph 5 below. At your option, Marvel shall name you as Chairman Emeritus of the movie or television company as listed in the Hollywood Creative Directory and/or Publisher or Publisher Emeritus of Marvel Comics, a division of the Company.
4. As compensation to you for your life notwithstanding any disability, Joan Lee, your current wife, and Joan C. Lee, your daughter, the Company agrees
2
to provide the following compensation:
(a) Base Salary
(i) from the date hereof, through October 31, 2002, you are to be paid a base salary (the "Base Salary") of $810,000 per year;
(ii) from November 1, 2000 through October 31, 2001 the Base Salary shall be $850,000;
(iii)from November 1, 2001 through October 31, 2002, the Base Salary shall be $900,000; and
(iv) from November 1, 2002 until death the Base Salary shall be $1.0 million dollars.
All amounts of Base Salary shall be paid in accordance with customary payroll policy on a biweekly or semi-monthly basis. You may elect to have all or any portion of the Base Salary paid to S.L. Productions or any company you so designate in lieu of making the payments to you individually.
(b) Survivor Payments
(i) Upon your death, your current wife Joan Lee (provided she is your wife at the time of your death) shall be entitled to receive, for the balance of her life, an amount equal to 50% of the Base Salary in effect on the date of your death. Such amounts to be paid in accordance with customary payroll policy as provided in paragraph (a) above.
(ii) Upon your death and Joan Lee's, Joan C. Lee, your daughter, shall be entitled to receive, for a period of five years, the sum of $100,000 (payable in accordance with customary Marvel payroll practices) provided that Joan C. Lee does not predecease either you or your wife Joan Lee. In such case, no amounts would be due by the Company.
3
(c) Stock Options
(1)The Company agrees to issue to you, in accordance with the Company's 1995 Stock Option Plan (the "Plan"), a total of 150,000 options to purchase shares of the Company's common stock. Such options shall be, if possible be within the employee plan and are, granted as follows: (I) 100,000 options shall be granted at a price equal to the market bid price as of the date of grant, such grant to be made as promptly as practicable following execution on this Letter Agreement, but not later than November 20, 1998; (II) 25,000 options shall be granted not later than the first anniversary of the execution of this Letter Agreement at a price then equal to the market bid price and (III) 25,000 options shall be granted at a price then equal to the market bid price not later than the second anniversary of the execution of this Letter Agreement, each of the above options to vest in the year of granting and be for five years from date of issuance.
(d) Set-Off
If, after November 1, 2002, you personally receive, or any company wholly owned or wholly controlled by you receives revenue from competing business activities, then the Company shall be entitled to set-off from the amounts due as Base Salary hereunder an amount equal to 25% of such competing business revenue (before deduction of expenses and on a pre-tax basis) to a maximum of $190,000 in any contract year (i.e., November 1, through October 31). You agree each year after November 1, 2002 to furnish a certified accountant's statement (with appropriate support) to the Company detailing the computation of said Set-Off. Where the maximum set-off of $190,000 is being permitted a simple statement shall be sufficient.
4
(e) Expenses/Fringe Benefits
(i) You are to receive prompt reimbursement for all ordinary and necessary business expenses incurred by you in connection with your activities on behalf of the Company upon presentation of appropriate documentation (included expenses shall be a cell phone) in accordance with Company policy, except that you shall be permitted your customary style of business travel (which shall be first class with limousine and stay in luxury hotels).
(ii) You also continue to have the benefit of a single full-time assistant. (f) In addition, you shall be paid participation equal to 10% of the profits derived during your life by Marvel (including subsidiaries and affiliates) from the profits of any live action or animation television or movie (including ancillary rights) productions utilizing Marvel characters. This participation is not to be derived from the fee charged by Marvel for the licensing of the product or of the characters for merchandise or otherwise. Marvel will compute, account and pay to you your participation due, if any, on account of said profits, for the annual period ending each March 31 during your life, on an annual basis within a reasonable time after the end of each such period.
(g) You will have the right to continue to author the syndicated newspaper comic strip "Spider Man" and receive the same extra compensation therefrom that you have been receiving, to wit, $125,000 annually pursuant to your agreement with Marvel. All such comic strips shall continue to be published as is done in the current circumstances.
5. Subject to paragraph 5(f) below, in express consideration for and expressly dependent upon the faithful performance of the foregoing obligations of Marvel, you, Stan Lee, residing at , agree as follows:
5
(a) Except for your name, likeness and the integration of either your name or likeness with a specific phrase, such as "Stan's Soap Box", "Stan Lee presents", and except for the term "Excelsior," (as to which Marvel shall have non-exclusive rights of use, in accordance with the terms hereof, the "Non-Exclusive Rights"), you hereby assign, convey and grant (without representations or warranties of any kind except as set forth herein) to Marvel forever throughout the universe all right, title and interest solely and exclusively which you may have or control or which you may have had or controlled in the following: Any and all ideas, names, titles, characters, symbols, logos, designs, likenesses, visual representations, artwork, stories, plots, scripts, comic books or comic strips, episodes, literary property, and the conceptual universe related thereto which will or have been in whole or in part disclosed in writing to, published, merchandised, advertised, and/or licensed by Marvel, its affiliates or their predecessors and successors in interest and licensees (which by agreement inures to Marvel's benefit) or any of them (the "Property") and any copyrights, trademarks, statutory rights, common law, goodwill, moral rights and any other rights whatsoever in the Property in any and all manner and media and/or fields, including all rights to renewal or extensions of copyright or trademarks and to recover for past infringement and make application or institute suits therefor (the "Rights"). With respect to the Non-Exclusive Rights, the foregoing rights of Marvel shall extend solely to the uses heretofore utilized by Marvel; changes thereto may be made with your permission. Such prior uses may continue in perpetuity. Specifically excepted from above, you have represented that you have been receiving royalties on a number of publications to Marvel's knowledge directly from third-party publishers. Specifically excepted from the above is the right during your life to continue receiving such royalties unimpeded. You have also represented that Marvel has heretofore assigned to you the character(s) The Femizons. You may continue forever in perpetuity to so own and exploit the Femizons character(s) for your own benefit. Notwithstanding what is set forth herein, you may, for publicity, advertising, public relation, historical and any related purposes (but excluding any use coupled o commercial usage) refer to or hold yourself out as founder and/or creator of whatever characters and images you created or founded on behalf of Marvel, provided such uses do not confuse ownership or source of origin. Such image uses may not be story-related, must be substantially identical to prior Marvel uses and must give full attribution of trademark and copyright to Marvel and the use of he images must be substantially minor in context.
6
(b) You hereby warrant that you have not assigned, licensed, pledged or otherwise hypothecated, nor attempted to do so any of the Property and Rights to anyone other than Marvel, its affiliates, predecessors or their designees and will not do so in the future.
(c) Subject to a material breach of this agreement, you hereby agree to execute upon request. from Marvel any documents it deems reasonably necessary to effect the purposes of this assignment.
(d) Subject to a material breach of this agreement, you will never file with the U.S. Copyright Office or the U.S. Patent and Trademark Office or any governmental or public agency throughout the world, and will never assert or assist on your behalf or cooperate with others in asserting on your behalf or in claiming rights through you, any claim to ownership (except to Non-Exclusive Rights, subject to Marvel's license) of the Rights in the Property, or in making any objection to Marvel's complete and unrestricted right to use and exploit said Property or Rights throughout the world in any form, manner or medium Marvel may desire now or hereafter known or devised.
(e) Subject to a material breach of this agreement, you agree not to contest either directly or indirectly the full and complete ownership by Marvel, its affiliates, designees, or successors in interest, of all right, title and interest in and to the Property and Rights or the validity of the Rights, which may be conferred on Marvel by this Agreement, or to assist others in so doing. Examples of such prohibited contestation would be, without limitation, applying for
7
copyright, renewal copyright, trademarks, service marks, patents, etc. for the Property and/or Rights herein specified or the publication by you or your assigns or agents of literary property which would infringe upon, violate or be confusingly similar to such Property and/or Rights.
(f) It is agreed that the failure to pay pursuant to Paragraphs 4(a)--4(c) hereof for any reason, after notice and a thirty (30) day cure period, shall be a material breach which shall permit you at your option to vitiate Paragraphs 5(a)--(5(e) (the Assignment) above and place the parties to the "Assignment" in the condition that existed between them just prior to the date of execution of this Agreement and nothing contained herein, including the existence of the conveyances contained herein, shall be used as evidence in any subsequent proceeding nor shall it prevent the parties from taking any position with respect to the ownership of the Property or the Rights. It is further agreed that as to all other breaches of this agreement, you shall be relegated exclusively to a suit for either specific performance or money damages or both, if appropriate, at your option.
(g) It is acknowledged and agreed that so long as the Company continues to make the payments required in paragraphs 4(a) - 4(c) and upon full payment of the amounts required by Paragraphs 4(a) - 4(c) none of the heirs, executors, estates, or other successors-in-interest of any of Stan Lee, Joan Lee, or Joan C. Lee shall be entitled to make any claim for payments under Paragraphs 4(a) - 4(c) and neither Joan Lee nor Joan C. Lee shall have the right to contest, challenge or otherwise dispute the grant of Rights in the Property (or Assignment) hereunder or the rights to the Non-Exclusive Rights.
8
6. This Agreement, including the assignment set forth herein, shall be binding upon the parties hereto, their affiliates and subsidiaries, legal representatives, successors and predecessors in interest, and assigns.
7. The invalidity of any provision or part hereof or obligation hereunder, or the contravention thereby of any law, rule or regulation of any State, the Federal Government or any agency, shall not relieve any party from its obligation under, nor deprive any party of the advantages of, any other provision or part of this Agreement.
8. Other Provisions. This Agreement will constitute the entire understanding between the parties in connection with Stan Lee's relationship with Marvel from the date hereof, shall supersede any and all previous agreements and may not be amended or modified except by a writing signed by the party to be charged. This agreement will be governed by and construed in accordance with the laws of the State of New York, N.Y. jurisdiction. All notices to Marvel shall be given by you at the above address and all notices to you shall be given to you at , with a copy to Arthur M. Lieberman at 461 Fifth Avenue, New York, New York 10017, or to such substitute address as a party otherwise designates in writing.
9. Marvel and the Company agree to submit this agreement together with appropriate supporting papers to the court overseeing Marvel's bankruptcy prior to November 25th, 1998 and to obtain court's approval of this agreement prior to December 5th , 1998. Should the court fail to act on this agreement, it shall be binding between the parties. Should the court disapprove this agreement, then paragraph 5(f) shall control and place the parties in the condition that existed between them just prior to the date of execution of this agreement.
9
10. The Company agrees to pay your reasonable legal fees and expenses in connection with the negotiation of this agreement. Signed at Los Angeles, California this 17th day of November, 1998. /s/ Stan Lee ---------------------- Stan Lee
Signed at New York, New York this day of November, 1998
For good and valuable consideration, the receipt and sufficiency of which I hereby acknowledge, Joan Lee and Joan C. Lee hereby confirm their agreement to the foregoing insofar as it concerns the present or future contingent rights in the foregoing including, but not limited to any renewals or extensions to which they or either of them are entitled after the death of Stan Lee or Joan Lee.
/s/ Joan Lee ---------------------- Joan Lee
/s/ Joan C. Lee ---------------------- Joan C. Lee
Signed at New York, New York this day of November, 1998
10
Ping
8D
This may be construed restrictively to mean that he could convey only NON-Marvel ideas, albeit I don't know what his purview was, or capacities to convey or bind Marvel, while still employed by Marvel ...prior to the October '98 Contract, which makes clear he was restricted from any such ability to convey Marvel properties.
This mega lawsuit is ultimately going to help shine light on Paul v Clinton. Why did Stan Lee Media really collapse in Dec. 2000? The Clintons will be grilled about their role. What the Clintons did was what really collapsed the company. Had they not stolen Japanese partner Tendo Oto and prevented him from infusing $5-7mil as promised to SLM in Nov. 2000, the company would have easily survived a cash crunch until Bill Clinton came aboard the company.
As a rainmaker, Bill would have raised significant money very quickly. It wasn't about the politics. Peter Paul was an anti-Castro crusader in Miami and was friends with Reagan and the Hollywood conservatives. He made the agreement with Clinton for the benefit of the shareholders, and then Clinton destroyed the company.
HOW THE CLINTONS COLLAPSED STAN LEE MEDIA: http://youtube.com/watch?v=LUWlxc7h5AI
Hillary, this is not going away. Kiss the Oval Office goodbye.
This case was not filed by some schmuck attorney.
Ethan Horwitz is Chairman of a 635 man law firm's IP section and receives the royalties for the text books used by all IP lawyers around the world.
Areas of Practice
Ethan Horwitz is a partner in Goodwin Procter’s Litigation Department and chairs the firm’s Intellectual Property Group. He maintains a diverse practice and has over 25 years of experience in the full range of intellectual property law. Mr. Horwitz has advised clients and has litigated patent, trademark, trade dress, copyright and false advertising cases in the United States and internationally. His practice includes worldwide acquisition and enforcement of intellectual property and advising clients on the enforcement of their intellectual property. He is resident in the firm’s New York office.
Work for Clients
Mr. Horwitz has represented a variety of clients in various electronic, chemical and mechanical patent litigations. His experience in patent litigation also includes a historic patent case in which he obtained the first-ever preliminary injunction on a design patent on behalf of Oscar Mayer in defending their Lunchables product against Sara Lee. He has also represented Miller and Molson, who were accused of violating Labatt’s patent on the process for making ice beer. Mr. Horwitz has litigated and advised clients in such technologies as computer software, DAT data storage, telephone logging, computer vision, video compression technology, ergonomic instruments, brewing technology, pharmaceuticals, power toothbrushes, chemical processes, skin transplants, anti-oxidants and simple mechanical products. Mr. Horwitz is listed in Euromoney’s Guide to the World’s Leading Experts in Patent Law.
Mr. Horwitz has successfully litigated various trademark, trade dress and dilution actions including representing Pepperidge Farm in a landmark case obtaining a preliminary injunction based on its rights to the shape of its Goldfish cracker. This case is one of the first to issue a preliminary injunction solely on the basis of a dilution claim. In other trademark and trade dress cases, he successfully defended Lotus’s mark “Notes” against an attack by Borland; Kraft’s trade dress for its Singles product against infringement by Borden; and Kraft’s trade dress and trademark for its Philadelphia Cream Cheese product from infringement by Bongrain in Brazil. Mr. Horwitz also successfully defended Cosmair (L’Oreal) and Ralph Lauren in an action brought by Calvin Klein to enjoin their new fragrance, Ralph Lauren Romance. He is listed in Euromoney’s Guide to the World’s Leading Experts in Trademark Law.
In false advertising cases, Mr. Horwitz represented Kraft’s Jell-O...more »
Mr. Horwitz has represented a variety of clients in various electronic, chemical and mechanical patent litigations. His experience in patent litigation also includes a historic patent case in which he obtained the first-ever preliminary injunction on a design patent on behalf of Oscar Mayer in defending their Lunchables product against Sara Lee. He has also represented Miller and Molson, who were accused of violating Labatt’s patent on the process for making ice beer. Mr. Horwitz has litigated and advised clients in such technologies as computer software, DAT data storage, telephone logging, computer vision, video compression technology, ergonomic instruments, brewing technology, pharmaceuticals, power toothbrushes, chemical processes, skin transplants, anti-oxidants and simple mechanical products. Mr. Horwitz is listed in Euromoney’s Guide to the World’s Leading Experts in Patent Law.
Mr. Horwitz has successfully litigated various trademark, trade dress and dilution actions including representing Pepperidge Farm in a landmark case obtaining a preliminary injunction based on its rights to the shape of its Goldfish cracker. This case is one of the first to issue a preliminary injunction solely on the basis of a dilution claim. In other trademark and trade dress cases, he successfully defended Lotus’s mark “Notes” against an attack by Borland; Kraft’s trade dress for its Singles product against infringement by Borden; and Kraft’s trade dress and trademark for its Philadelphia Cream Cheese product from infringement by Bongrain in Brazil. Mr. Horwitz also successfully defended Cosmair (L’Oreal) and Ralph Lauren in an action brought by Calvin Klein to enjoin their new fragrance, Ralph Lauren Romance. He is listed in Euromoney’s Guide to the World’s Leading Experts in Trademark Law.
In false advertising cases, Mr. Horwitz represented Kraft’s Jell-O gelatin and stopped Del Monte from calling its product “Gelatin Snacks” – when they were actually made out of carrageen which is commonly called a gelatin but did not meet the technical definition of a gelatin. In addition to many court actions involving false advertising, he has also brought and defended cases before the National Advertising Division of the Better Business Bureau (NAD) including one when his client, Claussen, claimed in its famous advertisement that its pickles were so fresh they snapped, instead of bending like the competition’s pickles.
In one of his copyright cases, Mr. Horwitz’s client, Colgate, was accused of copying Procter & Gamble’s advertising for Crest toothpaste; the respective ads were used by both companies in many countries around the world. He argued the case before the National Copyright Administration in Beijing, and then tried the case to a successful conclusion in the Southern District of New York, which was affirmed by the Second Circuit. Mr. Horwitz also represented the creator of CAPTAIN AMERICA in reclaiming his copyright under the reversionary provisions of the Copyright Act. In this landmark case, the Second Circuit held that, despite an agreement to the contrary and despite having a judgment entered against him in a previous case, the creator could recover his copyright if it was shown that the work was not one for hire.
In another copyright case, J. Walter Thompson and Northwest Mutual Life were accused of copying Chase Manhattan’s advertising. Mr. Horwitz successfully resisted a preliminary injunction in that case and created new law that, based on delay alone, a preliminary injunction could be refused. In addition, he has extensive experience in copyrights relating to computer programs.
Mr. Horwitz has advised clients on establishing worldwide protection for their intellectual property and has set up and implemented anti-counterfeiting programs for clients such as Timberland and David Yurman. He has also advised clients regarding the launching of products and/or advertisements to ensure that they do not violate the intellectual property rights of others and that the claims are substantiated. less »
Professional Activities
Mr. Horwitz has been an active member of the International Association for the Protection of Intellectual Property, Inter-American Association for the Protection of Intellectual Property, Federation Internationale Des Conseils En Propriete Industrielle-Commision d'Etude et de Travail (FICPI), New York Intellectual Property Law Association, Institute of Trademark Agents, United States Trademark Association and the American Intellectual Property Law Association. He is listed in Chambers USA: America's Leading Lawyers for Business, The Best Lawyers in America and the International Who's Who of Business Lawyers.
Publications/Presentations
Mr. Horwitz is the author and/or editor of three prominent treatises in the IP field:
Patent Litigation: Procedures and Tactics (3 volumes),
Intellectual Property Counseling and Litigation (7 volumes), and
World Trademark Law and Practice (5 volumes)
– all published by Matthew Bender & Co. He is also on the Board of Editors of Commercial Damages Reporter, and Managing Intellectual Property. He is also the author of numerous intellectual property articles in such publications as The National Law Journal, the New York Law Journal, Managing Intellectual Property and Metropolitan Corporate Counsel. Mr. Horwitz is an adjunct professor at Fordham University School of Law, and is a frequent lecturer around the world in intellectual property matters. In addition, he co-chairs PLI’s annual Patent and High Technology Licensing program and also co-chairs PLI’s annual Advanced Licensing Seminar.
Bar and Court Admissions
Mr. Horwitz is admitted to the New York State Bar, the U.S. Patent and Trademark Office, the Federal Circuit, the Second Circuit and the United States Supreme Court.
Education
J.D., St. John’s University School of Law, 1976
M.S., New York University, Courant Institute, 1974
B.S., Polytechnic Institute, 1972
Thor looks upset...
I think Marvel execs will be looking more upset than Thor today.
The suit claims that Stan Lee throughout his employment with Marvel retained the co-creator rights to all his characters. In Aug. 1998 when Marvel terminated Stan Lee's employment, he regained those rights. Lee then went and formed the dotcom firm Stan Lee Media as a way to tap into the Internet boom. On Oct. 15, 1998, he signed over not only his creations to the new firm, but his likeness as well. Then in Nov. 1998, Lee individually entered an employment agreement with Marvel, signing over his Marvel characters and likeness to Marvel, despite having already signed over the rights to Stan Lee Media. The suit claims Stan Lee Media informed Marvel of their contract and that Marvel "independently and/or in collusion with Stan Lee, intentionally concealed the material terms" of Marvel's new agreement from Stan Lee Media, the public and its own shareholders.
======================================================
Hmmmmm, it doesn't sound like it would be a good thing for execs to hide things from the public and from shareholders. I don't think that's good at all.
BUMP
BTTT
I've been following your post hoping to hear of Bill and/or Hillary taking the stand one day and getting their just rewards..
Is the Peter Paul thing over with now?
If it is and that didn't tarnish or bring indictments how is this Stan Lee business going to?
I hope it does, but those Clintons are slippery serpents.
BTTT
Paul v Clinton will proceed after the California Appellate Court decides whether Hillary will be brought back in as a defendant. If not, she will still have to testify. With all the home video Peter Paul has, it will be interesting so see Hillary try to use the "I don't recall" defense. Hillary's ample posterior is going to get nailed here.
Once upon a time
comics sold in the millions
and were talked about
by the whole culture.
Then Stan Lee "saved" the comics . . .
Now, a "big" comic
sells a few thousand
to bizarre comic fan geeks
and the culture shrugs.
Thanks for the update.
Spidey's creator wove a web of deceit, says suit
BY THOMAS ZAMBITO
DAILY NEWS STAFF WRITER
Posted Saturday, March 17th 2007, 4:00 AM
Stan Lee
What is the relationship between Stan Lee the person and the Stan Lee Media company, ownership wise?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.