Marvel sued over rights to Ghost Rider character

Marvel Entertainment, the company best known for its superhero comic books and films, will once again have to defend its intellectual property after the 2nd U.S. Circuit Court of Appeals reinstated a lawsuit against the company.

The dispute is over the original ownership of the character Ghost Rider—a motorcycle-riding anti-hero whose head takes the form of a flaming skull.

Gary Friedrich, who wrote Ghost Rider's debut issue in 1972, is accusing Marvel of copyright infringement and of denying him royalties generated by the 2007 movie starring Nicholas Cage and other merchandise, according to a report by the Minneapolis Star Tribune.

Reuters reported that Friedrich launched his legal efforts in 2004 when he first heard about the impending movie. He sued Marvel in 2007, though a lower court dismissed the lawsuit in 2011.

At the time, Marvel claimed that Friedrich had relinquished his rights to the character in an agreement he signed in 1978, reported Reuters. However, a panel of judges at the Circuit Court of Appeals determined that this may not protect the company from Friedrich's claims.

"First, the critical sentence defining the 'Work' covered by the Agreement is ungrammatical and awkwardly phrased," Circuit Judge Denny Chin wrote in the opinion. "Second, the language is ambiguous as to whether it covered a work published six years earlier."

Friedrich's lawyer, Charles Kramer, told Reuters that they would pursue the case "aggressively and vigorously."

Any company that is involved in an intellectual property dispute must ensure that it is well-positioned to make a strong case. Local companies in this situation could benefit from consulting with a Phoenix small business attorney.

Categorised in: Intellectual Property Law

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