Toberoff & Associates, P.C.

Noteworthy Cases

Classic Media, Inc. v. Mewborn, Case No. 06-55385, 532 F.3d 978 (9th Circuit 2008):  Overturned summary judgment in favor of the company Classic Media, and won summary judgment in favor of the daughter of Eric Knight, author of the beloved children’s book, Lassie Comes Home.  The published 9th Circuit decision re-affirmed the rights of authors and their families to terminate prior grants of copyright, "notwithstanding any agreement to the contrary."  A copy of this important decision is available here.  The case was settled on confidential terms.

Siegel v. Time Warner Inc., et al., Case No. 04-8400 SGL (RZx), Central District of California: Secured summary judgment ruling upholding the recapture by  Jerome Siegel's heirs of the Superman copyright he had granted 70 years ago.  A copy of the landmark decision is available here.  Case ongoing.

Moonrunners Limited Partnership v. Time Warner Inc., et al., Case No. 05-1361 GAF (VBKh), Central District of California:  Secured preliminary injunction preventing the distribution of the motion picture The Dukes of Hazzard (2005) immediately prior to its scheduled release.  A copy of the extraordinary decision is available here. The case was subsequently settled on confidential terms. 

Media Links

Brooks Barnes & Michael Cieply, "A Custody Battle, Supersized, Over Marvel Superheroes," New York Times, March 19, 2010.

Variety Staff, "Dealmakers Impact Report ‘09," Variety, December 9, 2009 (registration required).

Geoff Boucher, " Normal 0 false false false MicrosoftInternetExplorer4 st1\:*{behavior:url(#ieooui) } /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;} Jack Kirby, the abandoned hero of Marvel's grand Hollywood adventure, and his family's quest," Los Angeles Times, September 25, 2009.

Michael Cieply & Brooks Barnes, "Disney Faces Copyright Claims Over Marvel," New York Times, September 20, 2009.

Mark Graser, "Superman co-creator's family given rights," Variety, August 13, 2009.

Diane Garrett, "Warner Vexed by legal Man of Steel," Variety, March 30, 2008.

Michael Cieply, "Ruling Gives Heirs a Share of Supeman Copyright," New York Times, March 29, 2008.

John Lippman, "The Rights Stuff" Wall Street Journal, July 15, 2005.

Claude Brodesser, "Warner Ponies Up 'Hazzard' Pay," Variety, June 29, 2005.

Bernard Weinraub, "'Wild West' Showdown for Early TV Writers; Lawsuit Seeks Royalties for 60's Series," New York Times, July 8, 1999.