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Subject: [ComicBookNetwork E-Mag] Resend CBEM 570.03 - April11, 2006



In case you did not notice, .03 was a repeat of .02!  Here is the
proper text:

SMASH! Comics Turns Five!
The much talked about indie comics label will celebrate their
anniversary with a bang!

(Kincardine, ON)- In an industry fraught with fly-by-night
financing and dreams that are often bigger than budgets it's rare
to see an independent comic imprint that has survived more than
one publisher, let alone survive for half a decade. SMASH!
Comics, gearing up for the summer of 2006, has accomplished both
and is ready to celebrate!

In June of 2001 the now defunct Lightningstrike Publishing
launched a new comic book imprint, SMASH! Comics. Up until then
Lightningstrike had been a self-publishing venture of owner Mike
Gagnon. Thanks to the friends and connections Gagnon had made on
the convention circuit he was able to gather a group of trusted
creators with work he liked, and get a specialty investment firm
to finance the operations. Thus SMASH! Comics was born.

Gagnon managed the business and its comic line and continued to
pump out a steady flow of quality small press comics. Many became
sleeper hits and helped add to the underground following of
creators such as Jason Marcy (Jay's Days, Powerwus), Paul Quinn
(Suspension of Disbelief), and others. Gagnon was also able to
find time to continue creating his own work with such surprise
small press fan favorites as Mason. Over the years SMASH! built a
reputation of making good comics and slowly but steadily built a
loyal readership. Then in the summer of 2003, when SMASH! was
reaching the pinnacle of success and accepting orders from
several major distributors on a regular basis, the rug was pulled
out from under the growing label. Due to executive mismanagement
the investment firm financing the company went bankrupt. The
company was left to survive on its own and carry on trying to
expand and grow a successful product line without the important
financing every small company needs.

Gagnon managed to maintain operations and financing on his own
for another year, when another surprise hit the entrepreneur in
late August of 2004. Seeing the small company able to survive on
its own equaled dollar signs in the eyes of the lawyers
representing the company's former investors. Although Gagnon had
already managed to resolve any and all debt related to SMASH!
Comics, and the bank that was floating the investment firm that
had its money in SMASH! had already collected on the investment
firm's assets, the lawyers tried to claim the investment their
clients had in the company equaled a controlling share, and that
in turn made Lightningstrike Publishing an asset of the bankrupt
financer to be liquidated as part of the bankruptcy fund. This
meant as far as the lawyers were concerned Lightningstrike
Publishing was their property and was to be sold off to the
highest bidder. If Gagnon wanted to retain control of his company
the bankruptcy lawyers were going to do their best to make him
buy his own company from them or threaten to sell it out from
under him without his consent.

Although the logic was quite questionable Gagnon couldn't afford
the legal fees to fight the claims the bankruptcy lawyers were
making and prove them wrong. Gagnon was having a hard enough time
keeping the company running and out of debt as he continued to
run the company on a management team of one. After a lot of
thought and consultation Gagnon realized that under the
circumstances he needed a new financer or business partner to
help manage the business and ease the ridiculous problems that
the bankrupt former investment firm was making. No serious
backers expressed interest.

After some more thinking it occurred to Gagnon that the one thing
that the bankers had relied on was that Gagnon would continue to
run the business and perform the management duties they needed to
keep the business running to be the legitimate asset that the
bankruptcy lawyers claimed it was.

At this realization it was Gagnon's turn to pull the rug out from
under his former investors. In a matter of just days a whirlwind
of action ensued. Gagnon cancelled the company's business
licensing and registration, closed the business, sold some of the
assets, and made arrangements for all of the debts to be taken
care of. All without bankruptcy. The lawyers were informed that
they were welcome to have the company name of Lightningstrike
Publishing if they thought it was worth anything now that the
business was no longer running. Without the claim of a successful
business operating as a sellable asset the lawyers quickly lost
interest in trying to argue the point any further.

Within a week they were back, trying to argue a claim over the
SMASH! Comics imprint. That claim however quickly dissolved when
it was found that the imprint name and logo were a privately
registered copyright held personally by Gagnon himself and not of
his former business Lightningstrike publishing. With the parent
company closed Gagnon stated that he was not using the SMASH!
name and was willing to give it away too. He didn't have to.

In a strange twist of fate only two weeks after the lawyers left
Gagnon alone and less than a month after Lightningstrike
Publishing and SMASH! Comics shut down; Gagnon finally got a
serious legitimate response to his ads and press releases looking
for a business partner and investor. The response came in the
form of Chris Campanozzi, successful investor and former actor
living in New Jersey. Campanozzi has seen the ins and outs of the
entertainment industry and brought a lot of valuable knowledge
and financing to the table.

Unfortunately without a business Gagnon had little to bring to
the table. The two struck up a friendship, and soon decided to
form a business together as 50/50 partners in a full fledged
traditional publishing company that would publish quality
children's books, hard cover fiction, and graphic novels. Thus
was born Open Book Press.

One of the first duties Open Book Press performed was to buy the
copyright for SMASH! Comics from Gagnon for an undisclosed
amount. The company decided to keep the name and imprint alive
and in the public eye by placing it on the front or back cover of
every graphic novel they produced. The name and logo has
continued to appear uninterrupted on the company's line of
successful graphic novels such as Grafenveer, Dreams in Texture,
Monkeys & Midgets, and Cry Wolf.

The healthy and thriving Open Book Press is expanding into the
comic book market with the re-launch of the SMASH! Comics imprint
and its line of new black and white and full color comic books
which begin shipping in May. This new line of comics will feature
some innovations on the small press comics scene. Every comic is
perfect bound instead of stapled and made of the same high
quality paper and covers that the company uses for its graphic
novels. This means that it will be the only line of comic books
that can also be easily carried and stocked in traditional book
stores. As well, through strategic partnerships, the new comics
will be sold at a price that can compete with larger mainstream
competitors.  The average new SMASH! Comic will run about $3.99
for 40 pages. The new line-up of comics is mostly made up of
established and successful self-published series such as Mr.
Scootles by H.C. Noel, Underlords created by Greg Robinson,
Monkeys with Machineguns by UK comic stars Chris Lynch and
Stu.Art and others who have come looking to join on and have
SMASH! Comics serve as their new publisher. The interest coming
from old and new creators alike is often credited to the
reputation that Gagnon has built for dealing with all his
creators in an honest and straight forward manner.

As part of the celebration to mark the five year survival of
SMASH! Comics each comic will bear a commemorative 5th anniversary
logo on the cover beginning in June. The company will also begin
shipping a new and different comic or book every month with a
cover price of only $1 U.S. These special editions will be
released from August to December of 2006 and will feature things
like official character guide books, retrospectives on the
history of the imprint, short stories of old and new SMASH!
characters and previews of upcoming projects. The company will
also be releasing a set of limited edition trading cards to
commemorate the occasion which will feature old and new art from
artists throughout the comics industry. More info on these
special editions will be released soon.

The company is also continuing to actively pursue licensing of
its properties and licensing of properties from other forms of
entertainment. It recently announced that it is in negotiations
to buy the rights to its former competitor Speakeasy Comics,
which recently closed its doors.

For more information on Open Book Press and SMASH! Comics and
further updates please check out www.openbookpress.com
 +++++
RUMBLE PAK Volume 2: Issue #1 Ships To Stores
San Francisco, CA: April 5, 2006 - Manga publisher and studio
eigoMANGA LLC announced that RUMBLE PAK Volume 2 - Issue #1 has
shipped to stores through Devil's Due Publishing Inc.

RUMBLE PAK is an anthology comic book series showcasing Original
English Language (OEL) manga created by artists from around the
world including a new line-up of stories written and produced by
acclaimed television screenwriters and best-selling novelists.
The Rumble Pak series was first released in February of 2004 and
since then has been a recognized brand that has influenced the
pervasive rise of Original English Language (OEL) manga
production in North America.

RUMBLE PAK engages readers in original and unique stories from
sci-fiction, action/adventure, fantasy, and comedy. Previews of
RUMBLE PAK Volume 2 - Issue #1 can be seen through Devil's Due
Publishing Inc.'s website at http://www.devilsdue.net and
http://www.rumblepak.com.
 +++++
Helios: "In With the New" #3 - Special Double-Sized
Issue - Cover by Mike Choi (Witchblade)
By: Jason Rand - Gabe Pena - Mike Penny
$4.95
On sale June 7

The king is dead. Long live the king. Things only get
worse when the team is informed of Jack's death. Ashley,
Kyle and Jason are shattered, while the newcomers move to
take advantage of their grief. Meanwhile, Strickland and
General Harlowe continue to maneuver Neo Force toward
their ultimate goals and a new and powerful threat enters
the arena. But are things truly as they seem?

Diamond Order Code APR063063
AD & Listing: PREVIEWS page 260

To learn more about Dakuwaka, Helios and other upcoming
titles, log onto: www.dakuwaka.com.
 +++++
813 SERVICES & SOLUTIONS WANTS TO GET YOU WHERE YOU NEED
TO GO

Newly Launched Travel Web Site, 813Travel.Com, Offers Pros
and Fans Great Deals on Convention Travel, Vacations and
More

April 6, 2006, Tampa, FL - 813 Services & Solutions has
added another valuable resource to its list of solutions
aimed at making the lives of those in the entertainment
industry easier with the launch of its new referral travel
web site, www.813Travel.com. This expansion into the
travel business is unique for 813 Services & Solutions as
it is the first time it is providing a service that will
not just benefit entertainment industry professionals and
retailers, but fans and families as well.

At www.813Travel.com, professionals, retailers, fans and
their families and friends can book all of their travel
needs. If those needs include airfare, either originating
in the US or abroad, hotel and car rental for a convention
stay or for a store signing, a cruise with the family or a
large group cruise, a weekend getaway, reserving a golf
tee time, purchasing concert tickets or theater tickets,
finding Las Vegas show tickets, setting up an airport
shuttle to pick you up, renting a limo for that special
occasion, setting up sightseeing tours or sending flowers
to someone special, you can do all of this and more at
www.813Travel.com.

"Through 813 Services & Solutions, I've tried to offer the
entertainment industry a unique service that allows for
all types of business solutions under one roof," said Ian
M.  Feller, president of 813 Services & Solutions, Inc.
"Before this, I think I'd done a pretty good job, but now,
with the launch of 813Tavel.com, I've found an area that
no one previously offered, making 813 Services & Solutions
even more beneficial to the entertainment industry. This
time, though, it's not just professionals that can
benefit, but fans and families as well."

813Travel.com is offering a weekly email containing the
very best travel specials and deals available. Anyone that
is interested in having these specials and deals sent
directly to their in-box can do so by sending an email
with their first and last name to info@813sands.com with
the words "Deal Email" in the subject line. Those that
sign up can easily unsubscribe and the information
obtained will never be used for anything but to show you
these specials.

Opportunities are also available for those that are
interested in earning potential revenue by becoming a
referral travel agent. Those that are interested can email
the words "Referral Travel Agent" to info@813sands.com for
more information.

"I'm confident that members of the entertainment
community, whether pros or fans, that take a look at
813Travel.com will see that the prices offered are better
or at least comparable to those that can be found on other
travel sites like Orbitz or Travelocity," continued
Feller. "And I also hope they'll take advantage of the
specials and deals emails because these truly are the best
prices available anywhere and I want everyone that can
read this to get a great deal. I hope for the past few
years when people thought of 813 Services & Solutions they
thought innovation and trust. If you trust us already, and
you already book your travel on the web, why not trust
your travel needs to us as well?"
 +++++
Bumperboy Returns in 2006!
AdHouse Books is again pleased to announce...

Bumperboy and the Loud, Loud Mountain
by Debbie Huey

With the success of Bumperboy's first adventure, Debbie
Huey returns with a brand new book titled "Bumperboy and
the Loud Loud Mountain." Join Bumperboy and his best pal
Bumperpup as they unravel the mystery of a rather
talkative mountain, meet new friends, and discover a new
enemy in this brand new ALL-AGES adventure that will keep
readers riveted!

What people have said about Bumperboy:
"Bumperboy is a fun, all-ages minicomic I first
encountered at the Alternative Press Expo. It has a real
innocent feel, but is also engaging with a keen sense of
design backing the whole thing up. Highly recommended!"  -
Dan Shahin, Hijinx Comics
"Bumperboy is a wonderful tale for all ages...Bumperboy
was one of my favorite finds at APE this year." -Adrienne
Rappaport, Sequential Tart

"You show me someone who wouldn't enjoy the adventures of
Bumperboy, and I'll show you someone who needs a good
punch in the face!" - Guy LeCharles Gonzalez, Buzzscope

"There's only one word for this comic: adorable." - Will
Moss, Nashville City Paper

"I found myself smiling the whole way through the book,
and I'd be surprised if it was possible to get to the end
without doing so. I'll definitely be on the lookout for
whatever Huey does next." - Greg McElhaton, I-Comics

Bumperboy and the Loud, Loud Mountain
128 one-color pages
5.5" x 7"
$8.95 US funds
ISBN: 0-9766610-1-2
Ship date: July, 2006
Cover image:
http://www.adhousebooks.com/adhousebooks/pr/AD.BLLM.gif

You can preorder this comic through Diamond's May Previews
catalog, which hits your local comic shop on 4/26/06.

www.adhousebooks.com
 +++++
ACTIVE IMAGES AND THE NIGHTMARIST HEAD TO APE
Alternative Press Expo gives fans a chance to witness the
horror of The Nightmarist

Los Angeles, CA -- Apr 4, 2006 -- Active Images is ready
to hit San Francisco and mess with some people's heads at
this year's Alternative Press Expo, Apr 8 and Apr 9 at The
Concourse on 7th St. Active Images is not only sending
Comicraft's Secret Weapon, John 'JG' Roshell, to the show,
but it'll feature a large and nefarious display of The
Nightmarist, Duncan Rouleau's well received original
graphic novel, a dark horror fantasy of existential
proportions. Active Images, the Secret Weapon and The
Nightmarist are sharing a booth with Larry Young's
AiT/PlanetLar. They can all be found at booth #434-435.

Released Mar 15, The Nightmarist has been racking up some
stellar reviews. Here's just a sample:

**"The verdict is in: The Nightmarist is the best original
graphic novel released in years.... Miss this piece of
seminal fiction, and you'll be missing out on a true
classic of the field." ---Dave Baxter, BrokenFrontier.com

**"I loved the $#!+ out of it. Man, was that a good book."
---Larry Young, AiT/PlanetLar

**"The Nightmarist is truly a weird and wonderfully
bizarre book.... Very nicely done. Seek it!" ---Comics
Should Be Good

When a mysterious figure calling himself The Nightmarist
appears in Beth Sorrenson's dreams, claiming to protect
her from forces plotting to twist her will, Beth's reality
begins to crack. Paranoia and suspicion rise and the
support of her friends, family and psychiatrist are called
into question. Haunted by horrific visions, while both
awake and asleep, Beth must decide---has she gone crazy or
have her dreams become ground zero in a battle for the
future of mankind?  Can she trust The Nightmarist?

Her choices may cost more than her soul.


Check out The Nightmarist supersite at
http://www.activeimages.com/nightmarist. Featured is a
movie trailer, preview pages, a Rouleau bio and links to
the various press coverage received so far.

Duncan Rouleau has been a professional artist for many
years. His comic book and graphic novel work has included
his own M. Rex, Superman in Action Comics (#779 to
present), X-Factor and Wolverine. Duncan is also known for
storyboarding a number of feature films including Bram
Stokers Dracula (Directed by Francis Ford Coppola). More
information about Duncan can be found at
http://www.manofaction.tv/home.html

ABOUT ACTIVE IMAGES
Active Images (www.activeimages.com) is the publishing arm
of COMICRAFT, the lettering and design studio founded by
First Tiger Richard Starkings and Secret Weapon John 'JG'
Roshell in 1992. Active Images entered the world of print
publishing in 2002 with Hip Flask: Unnatural Selection and
in only a few short years became a publisher of great note,
putting out a compelling and eclectic line of graphic
novels featuring some of the most talented and up-and-
coming creators in the industry, including: Solstice
(Steven T. Seagle), The Spiral Cage (Al Davison), Ballast
(Joe Kelly), Strange Embrace (David Hine), Temptation,
Skidmarks, Gunpowder Girl and the Outlaw Squaw, The Fly
Chronicles, and Brickman Begins. Industry legends Dave Sim,
Alan Moore and Will Eisner are just a few who have sung the
praises of Active Images's lineup.

ABOUT MAN OF ACTION
With a proven track record in Film, Television, Comics,
Online, and Video Games, four of the comic book industry's
most innovative professionals have consolidated their
considerable talents and resources to form MAN OF ACTION,
a Development/ Production House conceptualizing and
developing work of exceptional quality, commercial
viability, and explosive creativity. Among their many
projects: Ben 10, airing next year on Cartoon Network; the
play N.W.C currently on a nationwide tour; and the award-
winning video game X-Men Legends. Each stands as
benchmarks in Man of Action's growing influence in the
entertainment industry.
 +++++
Vault of Terror will Finally Arrive in Stores
Long awaited horror anthology shipping this May.

(Kincardine, ON)- After well over a year and a half on the
works, talent changes and re-designs, the much anticipated
color horror anthology "Vault of Terror" is shipping this
May.

This book collects some of most exciting and frightening
horror comics currently coming out from the hottest soon
to be known talents. Contributors include: Kevin Clorey,
Michael S. Bracco, Enzo Pertile, Roberto Goiriz, Saurav
Mohapatra & Kaushik Pal, Nicholas Knight & Peter Anckorn
and last but certainly not least Chris Lynch & Stu.Art.
Each tells their own unique, original, and twisted tale of
horror.

The book is presented as a deluxe format, oversized 8 1/2" X
11" edition with a hardcover cloth bound cover and a color
dust jacket illustrated by Kevin Clorey. This graphic
novel is a perfect piece to add to your bookshelf
collection and is already generating demand among horror
comic fans and graphic novel collectors alike.

The book is the brainchild of Mike Gagnon, publisher at
Open Book Press. The book was originally scheduled for a
Halloween 2005 release, but when several of the original
creative teams failed to turn in the work on time and up
to the publisher's standards the book had to be re-
scheduled and have new creators brought on board to fill
in the gaps left behind.

The change was actually a blessing, with the book turning
out even better than originally planned, and ready to hit
fans riding the popular trend of horror comics. "Vault of
Terror" (ISBN: 0-9739465-7-1) is a prestige full color
hardcover graphic novel, retailing at $27.95 and shipping
to stores in May 2006.

More details can be found at: www.openbookpress.com

 +++++
SMASH! Comics Unveils New Cover for Underlords Trade
New surprise cover for collected series shipping in May

(Kincardine, ON)- In 2005 Underlords was arguably one of
the biggest break out hits of the independent comic scene.
Many critics have stated that this series could present
serious competition, even for the big mainstream
publishers. Fans of the sci-fi/fantasy mini-series that
have been eagerly awaiting the release of the trade now
have one more reason to be excited.

The reason to be excited comes from the announcement that
there is a new surprise cover on the trade which is
blowing fans away. The trade already boasts plenty of
extras, pin-ups, and unpublished character profiles, and
now avid collectors have one more reason to pick up the
collected edition.

Publisher Mike Gagnon commented "Greg (Robinson) and I
were trying to pack so much extra material into the book
we ran out of room. We actually had to extend the page
length from 116 to 118. We couldn't extend it anymore
without increasing the cover price, and we both felt that
just wasn't fair to the fans, so we decided to hang onto
the rest of the extra material for future books." He also
added "We were finding new stuff to add even up to the
print deadline, and then Greg shows me this amazing pin-up
by artist Abdul Rashid and colorist Felton Allen. Right
away I said 'That has to be our cover' and Greg agreed."

Previously the book had been solicited with the same cover
as issue #1 from the mini-series published in 2005. The
new cover features the Underlord Trendal kneeling with an
angelic halo and glow around him, surrounded by the mythic
rune symbols which are a part of the Underlords story. The
publisher felt that not only was this a beautiful cover,
but it also was a better fit for the book store industry
better, which the company has a steady focus on as a
growth area in 2006.

Underlords was created by Greg Robinson of Eidolon
Studios, Written by Rick Beckley, and illustrated by Abdul
Rashid. The story blends sci-fi, fantasy, and some super-
hero elements without being forced or contrived. The
Underlords collected trade paperback, with the new cover
retails for $19.99, and hits stores in May. ISBN: 0-
9739465-9-8

For SMASH! Comics and further updates please check out
www.openbookpress.com
 +++++
From http://www.comics2film.com/FanFrame.php?f_id=18599

Super snit in 'Smallville'
Skein faces copyright infringement charges

By DAVE MCNARY - Variety

There's a big dispute in "Smallville."
A federal judge in Los Angeles has found that the WB's
young Superman skein (TV series) may be infringing on the
copyrights held on the Superboy character by the widow and
daughter of Jerome Siegel, originator of the comic book
series.
The March 23 summary judgment by Judge Ronald S.W. Lew
also found that Joanne Siegel and Laura Siegel Larson had
successfully recaptured the Superboy rights as of Nov. 17,
2004.
Lew's rulings in the copyright infringement lawsuit
against Time Warner, Warner Bros. and DC Comics throw into
question the ownership of "Smallville" episodes that have
run since November 2004. Lew denied a request by the
defendants for a ruling that "Smallville" did not infringe
on the Superboy copyrights.
Warner Bros. said in response that it "respectfully
disagrees" with the rulings and will pursue an appeal.
Still to be resolved is the question of whether
"Smallville" -- now in its fifth season and centered on a
teenage Clark Kent -- is actually infringing on the
Superboy copyright. No trial date has been set in the
suit, filed in 2004.
In their request for partial summary judgment, Siegel and
Larson didn't ask for a copyright infringement ruling,
which Lew said would require a "detailed factual
comparison." But he noted, "Enough facts are presented,
where this court, contrary to defendants' request, could
find that the main character in 'Smallville' is in fact
Superboy."
Lew also added in a footnote, "In the Superboy comic
strip, a billboard on the side of a rural country road
announces, 'Welcome to Smallville! Home of Superboy."
In response, Warner Bros. also pointed out that the suit
is directed solely to rights relating to the costumed
character Superboy -- not Superman. "Moreover, the court's
ruling does not affect the television series 'Smallville,'
which is grounded in depictions of a young Superman that
pre-date the publication of Superboy in 1944 and which
therefore are not subject to the termination notice, even
if valid," Warner added.
Marc Toberoff, who represents Siegel and Larson, told
Daily Variety that the only representations of a younger
Superman which pre-date 1944 Superboy consist of one or
two panels showing Superman as a baby or toddler. "Jerry
Siegel's Superboy focuses on Superboy's relationship with
his parents and his adventures with school classmates in a
small town which, by Superboy No. 2, was named
Smallville," he added.
The dispute over who owns Superboy goes back to 1938 --
the same year the first Superman comicbook, based on the
story originated by Siegel and illustrator Joseph Shuster,
was published.
A few months later, Siegel agreed to provide Detective
Comics with a new Superboy comicstrip and submitted a plan
that was turned down. Siegel unsuccessfully attempted
several more times to pique Detective's interest in
Superboy before entering the Army in 1943.
But Detective began publishing Superboy comics in 1944
while Siegel was stationed in the Pacific, resulting in a
1947 lawsuit in which New York state court Judge Addison
Young found Siegel to be the sole owner of Superboy. In
1948, Siegel reached a settlement with National Comics
Publications (predecessor of DC Comics) in which he sold
ownership of Superboy and Superman to National.
Siegel and Shuster sued to regain the Superman copyright
in 1973, but lost that suit two years later. Siegel then
launched a PR campaign to protest DC Comics' treatment of
him and Shuster, placing a "curse" on the upcoming
"Superman" film and resulting in Warner Communications
awarding annual pensions to the duo along with credit as
co-creators.
Shuster died in 1992; Siegel passed away four years later.
The Superboy copyrights -- granted originally for the
standard 28 years -- were renewed for another 28 years
between 1972 and 1975.
However, Congress amended copyright law in 1976 to extend
renewal terms from 28 years to 47 years in order to allow
authors and their heirs to recapture copyrights for the
extended renewal period. So in late 2002, Joanne Siegel
and Laura Siegel Larson served the standard two-year
notice they were terminating the 1948 grant of the
Superboy copyright.
But in August 2004, DC Comics notified Siegel and Larson
it was denying the validity of the termination notice and
asserting it would "vigorously oppose" any attempt to
exploit the Superboy copyrights. Siegel and Larson filed
their suit two months later.
In their legal responses to the Superboy suit, Time Warner
and its co-defendants had contended Superboy was simply a
younger version of Superman and that Superboy was "work
for hire" solely owned by its predecessors. But Lew said
those arguments were unpersuasive in light of rulings made
by Judge Young in the 1947 trial.
Lew noted that Young had made those determinations after
hearing evidence from the parties who were "directly
involved" in the original dispute.
"Defendants' attempt to recast Superboy as a 'derivative
work' or 'work for hire' stands in stark contrast to Judge
Young's conclusion that Detective/National was
'perpetually enjoined and restrained from creating,
publishing, selling or distributing' Superboy, based on
the fact that Siegel was the sole and exclusive owner,"
Lew said.
"Defendants' argument also contradicts the fact that
Siegel subsequently transferred his exclusive interest in
Superboy to National in the May 19, 1948, stipulated
settlement. Had Superboy been nothing more than a
derivative work, Siegel would have owned no interest in
the Superboy property to transfer."
Lew also noted that the defendants' predecessors had
relied on Young's rulings in previous cases such as
Siegel-Shuster's unsuccessful 1973 suit. "Defendants now
take the inconsistent position that this court is not
bound by the state court findings, as they relate to
Superboy," he wrote.
Toberoff, a specialist in intellectual property,
represented Robert B. Clark in his suit against Warner
Bros., which was settled last year for at least $17.5
million for infringing on the copyright to the 1974 film
"Moonrunners" by making the feature "The Dukes of
Hazzard." "Moonrunners" became the basis of the Warner TV
series "The Dukes of Hazzard."

Date in print: Wed., Apr. 5, 2006, Los Angeles
 +++++






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