“This was a hobby that I enjoy. … It’s not that I’m making a fortune. I’m making nothing. It’s ridiculous.”
Stacks said DC Comics has repeatedly contacted him about the figurines since he started selling them nearly a decade ago. The New York-based company is suing Stacks for copyright and trademark infringement, false designation of origin and false description and unfair competition, according to the suit, filed Monday.
DC comics sues over figures sale
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This is an interesting case to read. It appears that DC Comics is suing an individual, John Stacks who is making resin kits of the Batman 60′s TV show characters.
The man in question says he has permission from the actors or their families for the actors likeness.
Yet here is where I think he is wrong. He is making kits of the actors who are wearing costumes of DC owned properties. Had he just made kits of the actors themselves with permission, he would probably be legally okay.
But not when he is making the costumes and likeness of properties he does not own or have permission to use.
Also to be fair, it seems DC legal did ask him numerous times to desist. But he did not stop, and now legal action is taken.
That seems fair to me.
If DC out of the blue just decided to drop a lawsuit on an individual, I would be angry at DC for their actions for wanting to sue an individual without warning.
But if DC clearly did warn an individual, at least a few times, to the point of them knowing that the individual got the picture and DC basically said: We own the properties in question, you are making figures from. So desist and stop it now. Or legal action will be taken.
Which is what they did because he said they contacted his a decade ago when he first started selling these figures. Yet he kept selling them.
Then okay, he had fair warning and good enough on DC’s part not to go after the guy with a lawsuit until he knew what was happening, and he did know.
But if the guy in question then snubs DC legal and still continues to publish his unauthorized figures. Which is exactly what he did.
Then in a case like this I can’t blame DC legal for suing the guy. They gave him a fair warning more then a few times. To the point of him getting the picture to stop.
But he did not heed the warning. Now he is paying the price.
And even if he thought he had the legal right to continue what he was making. If a company like DC is contacting you more then once to stop. It would have been common sense to either stop, just in case they are right. Or to hire your own lawyer, to look into your case just to be sure that you can make and sell what you are doing.
He did neither and now he is paying the price. I wonder though if he loses the case which is what I think will happen, if it’s not settled out of court. How is he going to pay possibly millions of dollars? Does he go to jail if he can’t pay? Or is he bankrupt?
I also wonder what this means for customized action figure makers who sell online, such as ebay, superhero characters who they do not have permission to make? Custom makers have no rights to legally sell what they are making, yet they sell them online. And sure the excuse might be their selling the hours and skill they used to make a custom figure. But the reality is they are selling a character property they don’t own or have permission to sell.
I personally think it’s too small a market to go after. But legally I think if a case were ever filed the custom maker would probably lose. I only mention the above because if DC could go after an obscure resin kit maker, who is to say what their next target will be?
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This is exactly a little something I need to do more research into, appreciate the publish.
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