Hey kids,
My spider sense is tingling
it is telling me to be watch out! Maybe its something or maybe its nothing, but I thought some of you would like to know
Note: Its a little off topic but its food for thought since Sony is producing the AstroBoy movie
A Los Angeles Superior Court Judge on Tuesday denied a motion brought by Sony Pictures Entertainment to seal proceedings in a lawsuit brought by Marvel Enterprises concerning Spider-Man.
According to a release from Marvel, Judge Alexander Williams III ruled that all aspects of Marvel's lawsuit will henceforth be entirely open to the press and to the public.
On Feb. 25, Marvel filed, temporarily under seal, a 12-count complaint against Sony. The lawsuit seeks more than $50 million in damages as well as rescission of the License Agreement between Marvel and Sony and an injunction against any further film or television production by Sony of Spider-Man beyond the current sequel, Spider-Man 2.
The sequel, again starring Tobey Maguire and directed by Sam Raimi, is currently in production in New York.
Marvel has asked to try its case to a jury.
The suit accuses Sony of fraud and of deliberately misleading Marvel by failing to disclose its intent to misappropriate Spider-Man for itself to the exclusion of Marvel. Marvel claims that Sony falsely represented that it offered Marvel unique and unparalleled merchandising opportunities -- unlike any other potential partner, but Sony never delivered on its false promises. The suit also charges Sony with material breaches of the parties' License Agreement and merchandising joint venture, and of wrongfully withholding millions of dollars it owed to Marvel, by using "Hollywood accounting" practices and refusing to provide critical financial information owed to Marvel.
"Sony's allegations that this dispute arose out of Marvel's allegedly improper accounting is completely false," Carole Handler, one of Marvel's attorneys, said. "As Marvel's Complaint makes clear, Marvel is owed millions of dollars by Sony, and the reason for this lawsuit is Sony's appropriation of the Spider-Man character for itself. Marvel created the popularity that ensured Sony's box office success and that Marvel Studios contributed to that success."
Marvel also alleges that Sony engaged in restraints of trade to protect the interests of affiliates such as Sony Electronics and Sony Interactive. The suit also charges that Sony ignored contractual arrangements that protected Marvels' ongoing licensing by failing to market movie merchandise only during limited "windows" and by ignoring Marvel's "tie-breaker" rights when disagreements arose over merchandise licenses.
My spider sense is tingling
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