![]() "On some covers - covers which defendants refer to as 'Risque Nude' exclusive covers - Dejah Thoris appears topless." (Parentheses in complaint.)Īfter releasing several sequels to the original run of these allegedly infringing comics, the defendants began a new series based on "Tarzan, Lord of the Jungle," the Burroughs say. "In each issue, Dejah Thoris appears with greatly exaggerated feminine features. "Some of the covers and comic panels inside defendants' 'Warlord of Mars: Dejah Thoris' series border on (and in some cases are) pornographic," the complaint states. If the copyright infringement was bad, the family says it was mortified by the treatment of the works. ![]() It continues: "Notwithstanding its knowledge that it did not have permission from ERB, in July 2010, defendant Dynamite Entertainment announced that it was creating a new comic book series 'based on' ERB's John Carter of Mars series." The family says a representative of the defendants began speaking with Burrough's now-deceased grandson, Danton Burroughs, in July 2007 about a possible licensing agreement.ĭespite being told that the works were already licensed to another company for a comic book series, this representative "kept pushing ERB to allow defendants to publish comic books series based on the Tarzan and John Carter of Mars series. Burroughs' famous characters, including their names and images, on or in connection with goods and services in interstate commerce." This control has emanated not only from ERB's copyright ownership of the original stories, but also from the exclusive trademark rights arising from ERB's long, continuous and exclusive use of Mr. Burroughs' stories and characters, including the celebrated character Tarzan, as well as his science-fiction heroes, including John Carter of Mars. ![]() Since the company's inception, the complaint states, it has been the family's "practice and policy to own or control all copyright and trademark rights relating to the many licensed original and derivative works based upon Mr. Over the years the enduring popularity of Tarzan has led to 23 sequel novels, according to the complaint. It's now primarily owned by the author's grandchildren and great-grandchildren. Since Burroughs' death in 1950, Edgar Rice Burroughs Inc., has been owned by his descendants, either directly or through family trusts. Burroughs are still protected under copyright in certain foreign jurisdictions, including the United Kingdom, any distribution by defendants of their comic book series in such jurisdictions without plaintiff's approval constitutes copyright infringement under the governing copyright laws of the United Kingdom and such other jurisdictions." Burroughs' original works of authorship, including 'Tarzan and the Apes' and 'A Princess of Mars,'" the complaint states. "Defendants' comic book series discussed herein are also indisputably and admittedly (and without plaintiff's authorization) based on and substantially copy original and protectable material elements from certain of Mr. claims the defendants violated its rights in a series of comic books "bearing identical and confusingly similar marks - namely, 'Lord of the Jungle,' 'Warlord of Mars,' 'Warlord of Mars: Dejah Thoris,' and 'Warlord of Mars: Fall of Barsoom.'" MANHATTAN (CN) - The family of Edgar Rice Burroughs claims three comic-book publishers violate its copyrights and trademarks on "Tarzan" and "John Carter of Mars," sometimes in books with pornographic covers.Įdgar Rice Burroughs Inc., a family-owned entity created by the author in 1923, sued Dynamic Forces Entertainment, Dynamite Entertainment and Savage Tales Entertainment, in Federal Court.īurroughs Inc. ![]()
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