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Marvel Sues Disney - Printable Version

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Marvel Sues Disney - Local Hero - 07-16-2004

Posted 16/07/04
Source Newsarama

According to today’s Variety, Marvel has filed suit against Disney and the ABC Family channel, claiming that the company is owed at least $16 million for the cartoons which it licensed to the channel when it was Fox Family. Disney acquired the channel in 2001 for $5.2 billion.

Variety: According to Marvel's suit, filed Thursday in L.A. Superior Court, Disney has harmed Marvel in two ways -- by failing to account properly for profits from animated television series "The Incredible Hulk," "X-Men" and "Spider-Man" and failing to promote them. According to the complaint, Disney claims the cartoons are a money-losing proposition but refuses to provide a proper accounting.

Marvel also alleges that Disney overpaid when it acquired the channel which left it no money to develop the Marvel properties – allowing the Marvel properties to languish while Disney and ABC Family promoted their own programming.

Fox held the rights to the Marvel cartoons thanks to a 1996 deal between Fox and Saban, which produced the various series. Disney acquired the distribution rights when it bought the channel, and Marvel alleges, has since failed to live up to the agreement of the original deal.

Variety: Among its claims, Marvel says Disney has refused to allow Marvel to audit recent records in order to conceal handsome profits made when it repackaged and re-released "Spider-Man" videos to coincide with Sony's "Spider-Man" feature film release in 2002.

The final part dates back to Marvel's previous tussle with Disney in early 2002, when it sued Disney's Buena Vista home entertainment unit, claiming that it was using artwork without permission to promote BV's repackaging and sale of DVD editions of episodes of the animated Spider-Man series.

At the time, Reuters reproted: "Marvel said Buena Vista had sought its permission to release the cartoon series but had not been given authorization to use the company's Spider-Man artwork for use in its advertising and promotion materials. It said advertisements appeared in such newspapers as The Daily News and Newsday in New York City and in Toys 'R Us and Wal-Mart stores in different parts of the United States.

"Buena Vista is advertising and promoting its exploitation of the series through the use of artwork that is directly copied from the Marvel 'Spider-Man' artwork," Marvel said in its suit. "Marvel has not consented to or approved of such usage."


- Nova - 07-17-2004

All I've got to say is WHOA. This is a clash of the titans guerilla style. I am interested to see how this turns out, but I would hate to deal with Disney's lawyers.


- Enchantress - 07-17-2004

Actually, I think it's about time someone sued Disney instead of vise versa.
I'm a huge Disney fan, don't get me wrong, but the company itself has strayed so far away from Walt's vision of it, it would be like Marvel leaving behind everything Stan ever gave to them.

As far as what they are sueing over, I agree. I watch the Spider-Man, X-Men and Hulk reruns on ABC family every weekend and I don't think they promote them nearly as much as they do Digimon or the other "anime wannabe BS" that ABC Family dishes out for the mindless masses.
The only reason they've begun playing Spider-Man more is to cash in on the coat tails of the new movie release.