Month: November 2004

People are asking me my opinion (God knows why) on the law suit Marvel has filed against City of Heroes claiming trademark violation.

I’m of two minds on it.

One has to be aggressive in protecting one’s trademarks, because–at least it’s my understanding–failure to do so weakens them to the point of possible forfeit. That’s why George Lucas had to go after the US gov’t over “Star Wars” as applied to SDI, even though it was pretty much a lost cause from the get-go.

So if Marvel’s legal beagles genuinely believe their trademark is possibly being infringed, they literally have no choice but to file suit. The outcome itself is almost secondary to taking the action. I do not believe for an instant the notion that they’re doing so just to try and make money from settlements or wins. There are so many more effective and assured ways for Marvel to turn a buck than the wholly unpredictable option of litigation that it’s just too silly a notion for me to accept.

On the flip side, personally–I don’t think they have a leg to stand on. Similarity of characters? They’ve got a far stronger case to go after “The Incredibles” considering you’ve got a team with a superstrong hero, a stretching hero, and a girl who both turns invisible AND projects forcefields. The fact is that certain character traits and powers have become iconic and trying to patrol against them is a waste of time.

I mean, it’s one thing when Marvel went after Dave Sim because of Wolveroach, because that really DID create confusion in the market place. There were really fans, unfamiliar with Cerebus, who saw Wolveroach on the cover and bought the book thinking it was a Marvel tie-in. But no one participating in City of Heroes is looking at characters named Wolviereen and thinking they’re seeing genuine Marvel licensed products.

Hopefully this will be settled quickly and out of court so Marvel doesn’t have to look like a bully while legitimately trying to protect its legal interests.

PAD

Boy, my dance card is full for the next few months.

I’m working hëll bent for leather to finish the first novel in the “Hidden Earth” series for Tor, because over the next few months I have the FF movie adaptation, plus a major new film project that I’ll announce as soon as the contracts are finalized (although word of it has been leaked elsewhere.)

I’ll still be posting on my blog, and will try to respond to as many postings as I can, but understand if questions or such get overlooked. When the crunch is over, I’ll do a brand new Q&A thread so I can respond to questions folks might have.

PAD

So I’ve got this stupid toe fungus on my right big toe, like the kind you’ve seen in the commercials. You know, where the anthropomorphic germ is snickering about having set up shop in someone’s toe, and he’s got a little briefcase and lots of smiling friends.

So the doctor prescribed this stuff called “Sporanox.” You take it for some months and it’s supposed to clear up the fungus…provided it doesn’t destroy your liver. But since I don’t drink booze, my liver’s in pretty good shape.

So I take it for two, three days and I’m doing okay.

Day four, I’m starting to itch.

Day five…hives. All up and down my arms, on my chest, base of my neck. I haven’t felt this miserable and uncomfortable since I had chicken pox when I was fifteen.

I stopped taking the stuff immediately, am using everything from Benadryl to calimine lotion to an oatmeal bath to cope with the rash, and I cannot warn folks strongly enough that if the doctor recommends Sporanox, stay the hëll away.

PAD

There’s an article up at Newsarama.com regarding the return of “Sachs and Violens,” the two characters produced by George Perez and myself back in the 90s (and who fans continue to ask me about) and how they’ll be guest starring in the upcoming two part story in “Fallen Angel #19 and #20), complete with covers by Perez. Be sure to check it out.

PAD