Marvel Comics sues over CoH

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From USA Today

Well, DC would sue, but no one in CoH wants to make a DC superhero because they aren't...well...good.

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What took them so long?

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I have been in the past and hopefully in the future, an avid comic book collector. To see Marvel throw a hissy fit over something like this just leaves a bad taste in one''s mouth. It is free advertising for pete''s sake. They are pissed cause they aren''t getting some sort of royalties out of the deal, they have money coming out of their collective ass from all the other merchandising and movie deals that this shouldn''t even be a blip on their radar.

Grow up Marvel.

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"cartoonin99 wrote:
Grow up Marvel.

Oh, good. Nice to know this thread is a bastion of sanity before I arrive. Nothing left for me to say.

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"CEJ wrote:
What took them so long?

Good question.

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Didn''t they throw a fit over Freedom Force as well? *old age has deprived me of a memory or the ability to Google it*

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I guess COH messed with their plans for super-hero based MMORPG. Maybe the will negotiate and come up CoH Marvel Universe where you play in their various cities...

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I''d imagine some of the guys who made CoH did so with admiration toward Marvel and DC alike. This is like a slap on their face.

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Hmm...I don''t remember hearing about a Freedom Force hubub, my son is draining my gray matter from me, but apparently it wasn''t too bad as FF is coming out (or already has) with a sequel.

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"cartoonin99 wrote:
Grow up Marvel.

Well, Marvel obviously wants to make money selling their characters to game companies. You''ve got to defend your trademarks for people to take them seriously. Sony lost ""Walkman"" when it become a common phrase and entered a dictionary, it''s also why google is afraid of people using the term ''googling'', it may survive after the company.

That said, I think it would be impossible for NCSoft/Cryptic to ''filter'' out the ability to make a tanker that happens to look like the hulk and also filter out the names ""Dav1d Banner, Broose Banner, Bruce Banner, HVLK, Hulk"" and all sorts of other stuff.

But CoH gives you the ability to make characters that are also unlike any Marvel characters. It should be an interesting fight.

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Hey Mavrel, perhaps you could start suing the players who are infringing your copyrights. Slap my 10 year nephew with a lawsuit for playing Wulfverine! It worked well for the recording industry right? And look at all the goodwill it engendered.

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Is it sad if I agree?

I can''t think of 2 comic book characters so frequently copied (and so easily copied) as The Hulk and Wolverine.

I mean, for christ-sake, one of the powers is Claws. Name me one other comic book character who has claws that go ""snikt"" when they''re pulled out. I mean, you might as well just have had a teamup power called Cannonball Surprise.

I will argue that we are a society that supports frivious lawsuits, and that that sucks, but if we''re in that society, then I have no problem with Marvel suing over something like this. The Hulk is a bit more of a stretch, because honestly, he''s a Big Strong Guy... having the color green isn''t exactly revolutionary.

But the Wolverine similarities are a little too... Uncanny.

Hahaha... I kill me.

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But the Wolverine similarities are a little too... Uncanny.

Thank you he''ll be here all week.

I think that Marvel has a case with this. People create the claw guy to be Wolverine, everyone knows this. Hell, I was pissed that I couldn''t make Gambit!

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The standard in a trademark suit is ""substantial likelihood of confusion."" I don''t play COH, but Warlock''s description of the wolverine-like character set suggests that there is an issue here.

There''s no real reason to paint Marvel as the bad guy. Whoever makes COH is a profit-oriented business too - it''s not like Marvel''s suing a homeless nun. And as Eezy said, if you don''t defend your rights in trademark law, you lose them.

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I think it will be a good fight to watch and both parties have valid points.

That said it just goes to show you how bad copyright is right now in this country, many of the staple comic book heroes would start entering the public domain around now if the laws weren''t all whacked. Not to mention that all Marvel does is create characters which it then no longer uses just so they can make action figures and expand their library of characters. WB does this too with its DC line up so it''s not like no one is fault free.

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Someone''s going to confuse a guy on a COH server in a poorly designed costume with the name ""Woolfereen"" for the real Marvel character? Come on, not going to happen. CoH has already gone out of their way to ban names too close to comic book characters. It''s not their fault so many of their users are retards.

Sorry, I''m against Marvel here. This was a dumb move.

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"richyrambo wrote:
I guess COH messed with their plans for super-hero based MMORPG. Maybe the will negotiate and come up CoH Marvel Universe where you play in their various cities...

I think this is the whole point.

Marvel came back from the brink of bankruptcy, and they aren''t exactly having titles fly off the shelf at $3 each (or whatever they cost, damned expensive if you ask me.).

The Marvel Universe has a billion characters, alot of them variations on the common superhero themes:tank, scrapper/feral, super spy, etc. Face it, anything you create in CoH probably is already copyrighted by Marvel.

So they may be suing to get a piece of the action.

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"Quintin_Stone wrote:
Someone''s going to confuse a guy on a COH server in a poorly designed costume with the name ""Woolfereen"" for the real Marvel character? Come on, not going to happen. CoH has already gone out of their way to ban names too close to comic book characters. It''s not their fault so many of their users are retards.

Sorry, I''m against Marvel here. This was a dumb move.

Dilution does not require an exact copy. The ""Woolfereen"" name could be enough to fall under the coryright protection. You never know.

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I''m sorry, but are they going to start sueing companies that make paper and pencils? Not like folks draw these characters? These companies are enablers too.

Also, I''m no expert, but doesn''t Wolfie boy have 4 claws per hand? I recall my CoH guy having only 3.

Toss the case me thinks.

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Wolverine has 3 claws! Ye Gods man! No geek badge for you.

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Quote:
Not to mention that all Marvel does is create characters which it then no longer uses just so they can make action figures and expand their library of characters.

Yes. Wolverine is barely even IN the marvel universe these days.

Oh wait. No. Probably 8 titles, simultaneously, in any given month. Arguably their most popular X-Man. I''d be pissed too.

I think the hangup is the powers. Wolverine is COMPLETELY unique in the comic book world (at least to my knowledge). Are there other people who have Cyclops''s ocular blasts? Yes. Are there other people who can read minds? God yes. But Wolverine is the only comic book character with retractable metal claws. It''d be like having one of the powers be Exploding Cards, and giving the person a costume choice of a brown trenchcoat.

I think it takes balls for a company to even USE Wolverine''s claws as an ENTIRE powerset, but it takes another completely different set of balls to expect to get away with it if the people who hold the trademark get pissed.

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To me...COH simply increases demand in the titles by increasing comic hero fever

So the lawsuit is stupid. Kid A sees the cool Wulferine character in COH, finds out he''s based on Wolverine, and picks up a comic... (ok...as if some kid doesn''t already know who wolverine is...but...i hope you get my gist...or gist my get)

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You''re saying Marvel copyrighted a superhero having claws so no other superhero can have claws and you''re ok with that?

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"LeapingGnome wrote:
You''re saying Marvel copyrighted a superhero having claws so no other superhero can have claws and you''re ok with that?

Sure. That''s what copyrights are for.

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Not to be a contrarian here, but -- and this is key -- to the extent that any of the claims are based on trademark law, as opposed to copyright law, Marvel may be acting out of necessity.

Trademark law requires that a trademark owner/holder reasonably act to protect its existing trademarks. Failure by Marvel to protect -- or ""police"" -- its trademark may be deemed abandonment. This raises two questions: (a) are any of the allegations based on trademark law (unclear from the article, but likely) and (b) whether Marvel''s actions in this respect are reasonable.

For a variety of reasons I won''t go into here (I am desperately trying to focus on work), I take the position that Marvel''s trademark claims are rather weak (although I would consider its copyright claims to be a bit stronger).

Short story, long: Marvel''s attorneys may have advised it to pursue the trademark claims, to the extent there are any, out of necessity. The copyright claims are likely stronger, although they raise substantial questions themselves (concerning, among other issues, contributory infringement, inducement, etc.).

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Quote:
I think it takes balls for a company to even USE Wolverine''s claws as an ENTIRE powerset

I would be surprised if the claws were enough to show dilution of trademark. I could be wrong - IANAL - but I would hope that Wolverine is a little more than that.

If that''s the case (and I''m going to continue as if it is ), I would be surprised if Marvel had a real case. How many games (MMOGs or otherwise) have dark elves, and allow duel wielding? How many morons aim for Drizzt as a character name? How many companies has TSR/RA Salvatore taken to court because gamers tried to copy their trademarks in game?

I dunno; is providing a toolset that allows someone to copy a trademark (but not expressly designed to do so) enough to make you guily of infringement? If not, are you guilty if a user of your toolset uses it to infringe, even after you''ve told them not to?

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"Edgar_Newt wrote:
Not to be a contrarian here, but -- and this is key -- to the extent that any of the claims are based on trademark law, as opposed to copyright law, Marvel may be acting out of necessity.

Trademark law requires that a trademark owner/holder reasonably act to protect its existing trademarks. Failure by Marvel to protect -- or ""police"" -- its trademark may be deemed abandonment. This raises two questions: (a) are any of the allegations based on trademark law (unclear from the article, but likely) and (b) whether Marvel''s actions in this respect are reasonable.

For a variety of reasons I won''t go into here (I am desperately trying to focus on work), I take the position that Marvel''s trademark claims are rather weak (although I would consider its copyright claims to be a bit stronger).

Short story, long: Marvel''s attorneys may have advised it to pursue the trademark claims, to the extent there are any, out of necessity. The copyright claims are likely stronger, although they raise substantial questions themselves (concerning, among other issues, contributory infringement, inducement, etc.).

All good points. My assumption was that Marvel was asserting copyright infringement, but I can''t tell from here at work. Damn websense.

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Quote:
Rob Liefeld

Frickin'' Rob Liefield. A disgrace to the industry.

Anyone thinking of getting back into comics, STAY AWAY FROM THIS MAN. He wears a trenchcoat, and will touch you in your danger zone.

Seriously though, the new X-Force is the biggest load of crap - badly drawn, over-acted, with plots that don''t make ANY kind of sense... and to think they cancelled X-Statix for this...

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"Rat Boy wrote:
"Eezy_Bordone wrote:
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It''s the Swedish Hulk! Bork bork bork!

Ya, ya sure you bethca!

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Shouldn''t they be suing the users who made the characters, not the company? It''s a bit like suing gun makers for gun crimes.

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