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Edgar Rice Burroughs Inc. Sues Dynamite Over John Carter, Tarzan

The family-owned company that holds the existing rights to the works of Edgar Rice Burroughs has sued Dynamite Entertainment and Dynamic Forces, accusing the publisher and collectibles producer of trademark infringement and unfair competition with the release of "Lord of the Jungle" and "Warlord of Mars" comics.

In the lawsuit, filed Thursday in federal court in New York City and first reported by The Wall Street Journal, Edgar Rice Burroughs Inc. claims the comics were published without authorization after Dynamite Entertainment President Nick Barrucci was told that Dark Horse held the licenses for the "Tarzan" and "John Carter of Mars" novels. The complaint insists the comics "Lord of the Jungle," "Warlord of Mars," "Warlord of Mars: Dejah Thoris" and "Warlord of Mars: Fall of Barsoom" are likely to "deceive, mislead and confuse the public" about the source or sponsorship of the content, causing "irreparable injury" to ERB Inc.

Established in 1923 by Burroughs and now primarily owned by his grandchildren and great-grandchildren, ERB Inc. owns the trademarks to "Tarzan" and "John Carter of Mars," as well as the common law rights in the "Tarzan Lord of the Jungle," "Dejah Thoris" and "Barsoom" marks. Although Burroughs' earlier works, like "Tarzan of the Apes, "The Return of Tarzan," "A Princess of Mars" and "The Warlord of Mars," have lapsed into the public domain in the United States, the complaint notes that they remain under copyright protection in the United Kingdom.

Presumably to bolster its claim of "irreparable injury," ERB Inc. takes specific issue with some of the covers and interior art for "Warlord of Mars: Dejah Thoris," insisting they "border on (and in some cases are) pornographic": "On some covers -- covers which defendants refer to as "Risque Nude" exclusive covers -- Dejah Thoris appears topless."

The lawsuit doesn't specify damages, but seeks the recall of the comics distributed in the United Kingdom, and the surrender of profits from the infringing works.

[Victorian Squid]

Oh fuck they didn't clear any of that with ERB Inc?

Ouch, uh-oh!

[Cat-Scratch]

This does not bode well for Vertigo.

[GLX]

ERB Inc. takes specific issue with some of the covers and interior art for "Warlord of Mars: Dejah Thoris," insisting they "border on (and in some cases are) pornographic": "On some covers -- covers which defendants refer to as "Risque Nude" exclusive covers -- Dejah Thoris appears topless."

Dejah Thoris hasn't been handled well, at least from a visual perspective. I love seeing sexy lady work from artists like Paul Renaud and Art Adams, but the idea behind some of those covers creeps me out.

[Zechs]

This does not bode well for Vertigo.

We shouldn't know this.

[Jack Burton]

If some of this is in public domain what's the issue?

[Jack Burton]

Also in the books all the Martians people are pretty much naked. They wear sword harnesses and such but that's it.

[Victorian Squid]

If some of this is in public domain what's the issue?

Because it isn't?

The ERB family owns the rights to JCM & Tarzan and are alleging the defendants pushed ERB Inc. to allow them to publish comic series based on Tarzan and John Carter characters, but ERB Inc. never agreed to do so.

[Victorian Squid]

Also, the title is misleading: Edgar Rice Burroughs Inc. is suing over alleged trademark infringement and unfair competition, not copyright infringement.

[eltopo]

this is really strange since Dynamite puts ERB's name in most of the ads for these books,I figured they'd have to have the rights

[Cat-Scratch]

I guess Marvel had the license.

[David Bird]

The article notes that some of these works are public domain in the US and not Britain, and ERB Inc. is seeking to recall those in Britain. It doesn't mention the recall of issues in the US.

[Spidey-Man]

The issue appears to be trademark, not copyright

Though its public domain in the US for copyright purposes, they still hold the trademark.

“deceive, mislead and confuse the public" about the source or sponsorship of the content, causing "irreparable injury" to ERB Inc”

This is what will happen if some Disney cartoons lapse into public domain. Disney will beat your fucking head in if you try to use them saying you are diluting their trademarks (which never expires) or damaging Disney by confusing people into thinking your crappy copy is a Disney product.

[Victorian Squid]

The issue appears to be trademark, not copyright

Though its public domain in the US for copyright purposes, they still hold the trademark.

“deceive, mislead and confuse the public" about the source or sponsorship of the content, causing "irreparable injury" to ERB Inc”

This is what will happen if some Disney cartoons lapse into public domain. Disney will beat your fucking head in if you try to use them saying you are diluting their trademarks (which never expires) or damaging Disney by confusing people into thinking your crappy copy is a Disney product.

agree

[eltopo]

I'm confused