09-26-2004, 09:05 AM
Looks to me like a settlement has been reached out of court on this one..
As reported by Newsarama:
![[Image: Flash2.jpg]](http://www.newsarama.com/DC/Infantino/Flash2.jpg)
According to papers filed electronically with the New York Southern District Court, the complaint by Carmine Infantino against DC Comics which sought $4,000,000 in damages has been dismissed as of September 20th.
The dismissal came not through a decision by the judge, but rather pursuant to Fed. R. Civ. P. 41(a)(1)(ii), which allows the plaintiff to dismiss an action without order of the court by filing a stipulation of dismissal signed by all parties who have appeared in the action.
That is, the plaintiff, in this instance, Infantino, has opted to dismiss, and the court has agreed. According to the filing, the dismissal is made without prejudice, that is, Infantino could revise his complaint and refile if he so chooses.
As of the filing for dismissal, DC had not responded to Infantino's complaint.
Infantinoâs complaint alleged that he was owed damages by DC due to continued copyright infringement by the publisher, as Infantino claims that he created the Silver Age Flash, Batgirl, and a host of other DC characters as a freelancer, and therefore owns them.
As Newsarama reported earlier:
The core of Infantinoâs complaint centers on The (Silver Age) Flash, the Rogues Gallery, and Black Canary, which, the complaint states, were created between 1943 and 1959. The Flash and the Rogues Gallery, as the complaint states, were based on Infantinoâs creations, Captain Whiz and the Colors of Evil, respectively. According to the complaint, Infantinoâs source characters were created years before he was assigned to redesign the Flash and create a collection of villains for the hero, whole cloth.
Neither DC nor Infantinoâs lawyer chose to comment when asked by Newsarama.
As reported by Newsarama:
According to papers filed electronically with the New York Southern District Court, the complaint by Carmine Infantino against DC Comics which sought $4,000,000 in damages has been dismissed as of September 20th.The dismissal came not through a decision by the judge, but rather pursuant to Fed. R. Civ. P. 41(a)(1)(ii), which allows the plaintiff to dismiss an action without order of the court by filing a stipulation of dismissal signed by all parties who have appeared in the action.
That is, the plaintiff, in this instance, Infantino, has opted to dismiss, and the court has agreed. According to the filing, the dismissal is made without prejudice, that is, Infantino could revise his complaint and refile if he so chooses.
As of the filing for dismissal, DC had not responded to Infantino's complaint.
Infantinoâs complaint alleged that he was owed damages by DC due to continued copyright infringement by the publisher, as Infantino claims that he created the Silver Age Flash, Batgirl, and a host of other DC characters as a freelancer, and therefore owns them.
As Newsarama reported earlier:
The core of Infantinoâs complaint centers on The (Silver Age) Flash, the Rogues Gallery, and Black Canary, which, the complaint states, were created between 1943 and 1959. The Flash and the Rogues Gallery, as the complaint states, were based on Infantinoâs creations, Captain Whiz and the Colors of Evil, respectively. According to the complaint, Infantinoâs source characters were created years before he was assigned to redesign the Flash and create a collection of villains for the hero, whole cloth.
Neither DC nor Infantinoâs lawyer chose to comment when asked by Newsarama.
[albumsig]6[/albumsig]