A federal judge in New York recently handed Marvel and Disney most of the dismissal of Horizon Comics lawsuits over the Armored Avenger that they had sought. Iron Man’s outfit is seen by U.S. District Judge J. Paul Oetken as full of dissimilarities and totally differs in significant respects from that of Horizon’s Radix comics. However, the pose of a poster for 2013’s Robert Downey Jr. as Iron Man 3 did not escape the scrutiny.
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Copyright Claims Rejected
On Monday, Marvel Entertainment pierced a lawsuit brought by Horizon Comics Productions, successfully getting a judge to reject copyright claims over Iron Man‘s body armor. However, the entertainment giant will still need to defend the way that Iron Man star Robert Downey Jr. was presented in the poster of Iron Man 3. Read more: http://www.hollywoodreporter.com/thr-esq/judge-allows-copyright-lawsuit-marvel-iron-man-3-poster-989295
Posters’ General Feel
Oetken agrees with Marvel that the idea of a “highly mechanized suit of armor” and the “fighting pose” are unprotectable elements, scenes a faire in the comic book or superhero genre. When it comes to the particularized expression of the idea, the judge notes some non-identical similarity — the hairstyles, the use of blue light, the color of the suits, etc. — with the ultimate conclusion that the works do share a similarity in their “total concept or feel” to survive a motion to dismiss.” Here’s more: http://www.hollywoodreporter.com/thr-esq/judge-allows-copyright-lawsuit-marvel-iron-man-3-poster-989295
Spider-Man’s Iron Man Problem
The latest “Spider-Man: Homecoming” trailer certainly set the stage for the July-arriving superhero blockbuster, continuing the story of Peter Parker (Tom Holland) and his ambition of becoming an Avenger. It highlighted the young hero’s high-school dynamic, family life and aspirations, but amid all of the epic action sequences, what stood out most to us is the prominence of Tony Stark (Robert Downey Jr.). His role may well be smaller in the movie than the three-minute trailer implies, but it nonetheless begs the question: Is this really a Spider-Man story, or are we going to see an Iron Man spinoff? Here’s why: http://www.cbr.com/spider-man-homecoming-iron-man-problem/
Iron Man Copyright Suit Tossed But Poster Battle Continues
The motion is granted and denied partially. Judge Oetken wrote and ordered over the character Marvel first introduced in 1963. “This is not a case where only non-copyrightable elements exist in the work, nor it is one where the court can conclude, at this stage, that ‘no reasonable jury, properly instructed, could find that the two works are substantially similar’ based on their ‘total concept and overall feel,’” he said. So, it looks like the “pose” issue will soon be a thing of the past.