The Walt Disney Company has called Stan Lee Media’s multibillion-dollar lawsuit “flawed beyond cure.” In a motion to dismiss (read it here) filed last week, the company mocks SLMI’s legal claims that it actually owns rights to all the Marvel characters created by Stan Lee. “There is no conceivable basis on which Plaintiff can state a viable copyright claim against TWDC in this Court, or for that matter, any other,” the Disney motion says. “In sum, against the backdrop of Plaintiff’s six prior unsuccessful litigations on this topic, express judicial displeasure with Plaintiff clogging the courts with a repeated invocation of rights it does not possess, and the fact that TWDC conducts no business activities other than those of a holding company, this lawsuit is completely frivolous and should be dismissed,” Disney added. SLMI wants the profits from the $5.5 billion it says that Disney made from Marvel superhero movies and merchandise based on characters created by Lee, who no longer has anything to do with the company. The November 30 motion to dismiss, like the initial suit by SLMI in October, was filed in Colorado. READ MORE »
Stan Lee Media, Inc. wants the profits from the $5.5 billion it says the Walt Disney Company has made from superhero movies and merchandise based on characters created by Stan Lee. Those characters include Iron Man, Spider-Man, most of The Avengers, The X-Men and more. “Defendant The Walt Disney Company has represented to the public that it, in fact, owns the copyright to these characters as well as to hundreds of other characters created by Stan Lee. Those representations made to the public by The Walt Disney Company are false,” says the company’s copyright infringement complaint filed today (read it here) in a Colorado court. SLMI, which Lee himself has nothing to do with nowadays, is seeking “the maximum statutory damages allowable” plus full control over Iron Man, Spider-Man and other characters. A failed party to past litigation with Lee himself and Marvel, SLMI also is seeking a jury trial in this case.