Thor looks upset...
Posted on 03/17/2007 9:09:50 AM PDT by doug from upland
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?
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