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Marvel Sues Disney
#1
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."
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