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Federal Judge Dismisses Claims and Strikes Allegations in Marvel
Lawsuit Against NCsoft
Makers of City of Heroes online computer game score favorable decision;
judge labels Marvel allegations as "false and sham" and throws out
trademark claims
LOS ANGELES, March 11, 2005-A U.S. district court judge in Los
Angeles dismissed several key claims by comic book publisher Marvel
Enterprises, Inc in the company's trademark and copyright
infringement case against online computer game publisher NCsoft®
Corporation and game developer Cryptic Studios™. Marvel sued NCsoft
and Cryptic Studios in November of last year, claiming that the City of
Heroes® online computer game allows players to imitate comic book
characters owned by Marvel.
In a March 9 order, U.S. District Court Judge R. Gary Klausner agreed
with NCsoft that some of Marvel's allegations and exhibits should be
stricken as "false and sham" because certain allegedly infringing
works depicted in Marvel's pleadings were created not by users, but
by Marvel itself.
The judge also dismissed more than half of Marvel's claims against
NCsoft and Cryptic Studios, including Marvel's claims that the
defendants directly infringed Marvel's registered trademarks and are
liable for purported infringement of Marvel's trademarks by City of
Heroes' users. In addition, he dismissed Marvel's claim for a
judicial declaration that defendants are not an online service provider
under the Digital Millennium Copyright Act. The judge dismissed all of
these claims without leave to amend, meaning that Marvel cannot refile
these claims.
Although the judge allowed certain claims to survive the motion to
dismiss, NCsoft and Cryptic Studios are pleased with the result and are
confident that both the law and the facts will support their case. In
fact, citing a 1984 Supreme Court case holding that the sale of video
cassette recorders did not violate copyright law, the Court noted that
"It is uncontested that Defendants' game has a substantial
non-infringing use. Generally the sale of products with substantial
non-infringing uses does not evoke liability for contributory copyright
infringement." Only "where a computer system operator is aware of
specific infringing material on the computer system, and fails to
remove it, the system operator contributes to infringement," the
Court stated.
The defendants have 10 days in which to answer and dispute Marvel's
allegations and to assert legal defenses to the remaining claims as
well as to assert any counterclaims.
About NCsoft North America
NCsoft - North America (NC-NA) is headquartered in Austin, Texas and is
part of Korea-based NCsoft Corporation. NC-NA, with development and
administrative offices in Texas and California, launched two
ground-breaking titles in the first half of 2004, Lineage® II and City
of Heroes. The company also works with NCsoft subsidiaries and third
party developers throughout North America to develop and publish
innovative online entertainment software products. More information
about NCsoft - North America can be found at http://www.PlayNC.com.
About Cryptic Studios
Cryptic Studios, Inc., located in Los Gatos, California, was
established in July of 2000 and is an independent developer of
massively multiplayer online games for the PC and next generation
consoles. Its first game, City of Heroes, launched in April 2004. The
game takes place in a virtual world where thousands of people play
simultaneously, take on the role of super-powered heroes, fight
villains and help create a dynamic story in a visually-stunning, 3-D
graphical world.
NCsoft, the interlocking NC logo, Lineage and all associated NCsoft
logos and designs are trademarks or registered trademarks of NCsoft
Corporation. City of Heroes is a registered trademark of Cryptic
Studios, Inc. and NCsoft Corporation. Cryptic Studios is a trademark of
Cryptic Studios, Inc. All other trademarks are the property of their
respective owners.
Article link:
http://plaync.com/about/2005/03/federal_judge_d.html
You can taunt Marvel here:
http://www.marvel.com/company/feedback.htm
Federal Judge Dismisses Claims and Strikes Allegations in Marvel
Lawsuit Against NCsoft
Makers of City of Heroes online computer game score favorable decision;
judge labels Marvel allegations as "false and sham" and throws out
trademark claims
LOS ANGELES, March 11, 2005-A U.S. district court judge in Los
Angeles dismissed several key claims by comic book publisher Marvel
Enterprises, Inc in the company's trademark and copyright
infringement case against online computer game publisher NCsoft®
Corporation and game developer Cryptic Studios™. Marvel sued NCsoft
and Cryptic Studios in November of last year, claiming that the City of
Heroes® online computer game allows players to imitate comic book
characters owned by Marvel.
In a March 9 order, U.S. District Court Judge R. Gary Klausner agreed
with NCsoft that some of Marvel's allegations and exhibits should be
stricken as "false and sham" because certain allegedly infringing
works depicted in Marvel's pleadings were created not by users, but
by Marvel itself.
The judge also dismissed more than half of Marvel's claims against
NCsoft and Cryptic Studios, including Marvel's claims that the
defendants directly infringed Marvel's registered trademarks and are
liable for purported infringement of Marvel's trademarks by City of
Heroes' users. In addition, he dismissed Marvel's claim for a
judicial declaration that defendants are not an online service provider
under the Digital Millennium Copyright Act. The judge dismissed all of
these claims without leave to amend, meaning that Marvel cannot refile
these claims.
Although the judge allowed certain claims to survive the motion to
dismiss, NCsoft and Cryptic Studios are pleased with the result and are
confident that both the law and the facts will support their case. In
fact, citing a 1984 Supreme Court case holding that the sale of video
cassette recorders did not violate copyright law, the Court noted that
"It is uncontested that Defendants' game has a substantial
non-infringing use. Generally the sale of products with substantial
non-infringing uses does not evoke liability for contributory copyright
infringement." Only "where a computer system operator is aware of
specific infringing material on the computer system, and fails to
remove it, the system operator contributes to infringement," the
Court stated.
The defendants have 10 days in which to answer and dispute Marvel's
allegations and to assert legal defenses to the remaining claims as
well as to assert any counterclaims.
About NCsoft North America
NCsoft - North America (NC-NA) is headquartered in Austin, Texas and is
part of Korea-based NCsoft Corporation. NC-NA, with development and
administrative offices in Texas and California, launched two
ground-breaking titles in the first half of 2004, Lineage® II and City
of Heroes. The company also works with NCsoft subsidiaries and third
party developers throughout North America to develop and publish
innovative online entertainment software products. More information
about NCsoft - North America can be found at http://www.PlayNC.com.
About Cryptic Studios
Cryptic Studios, Inc., located in Los Gatos, California, was
established in July of 2000 and is an independent developer of
massively multiplayer online games for the PC and next generation
consoles. Its first game, City of Heroes, launched in April 2004. The
game takes place in a virtual world where thousands of people play
simultaneously, take on the role of super-powered heroes, fight
villains and help create a dynamic story in a visually-stunning, 3-D
graphical world.
NCsoft, the interlocking NC logo, Lineage and all associated NCsoft
logos and designs are trademarks or registered trademarks of NCsoft
Corporation. City of Heroes is a registered trademark of Cryptic
Studios, Inc. and NCsoft Corporation. Cryptic Studios is a trademark of
Cryptic Studios, Inc. All other trademarks are the property of their
respective owners.
Article link:
http://plaync.com/about/2005/03/federal_judge_d.html
You can taunt Marvel here:
http://www.marvel.com/company/feedback.htm
RIVE_E
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